Public Act 099-0180
 
HB2755 EnrolledLRB099 08043 RPS 28187 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
ARTICLE I. SHORT TITLE, PRIOR LAW, AND DEFINITIONS

 
    Section 1-101. Short title. This Act may be cited as the
MC/DD Act.
 
    Section 1-101.05. Prior law.
    (a) This Act provides for the licensure of medically
complex for the developmentally disabled facilities. On and
after the effective date of this Act, long-term care for under
age 22 facilities shall be known and licensed as medically
complex for the developmentally disabled facilities under this
Act instead of the ID/DD Community Care Act. On the effective
date of this Act, any long-term care for under age 22 facility
that holds a valid license on the effective date of this Act
shall be granted a license as a medically complex for the
developmentally disabled facility and shall not be licensed as
a long-term care for under age 22 facility under the ID/DD
Community Care Act.
    (b) If any other Act of the General Assembly changes, adds,
or repeals a provision of the ID/DD Community Care Act that is
the same as or substantially similar to a provision of this
Act, then that change, addition, or repeal in the ID/DD
Community Care Act shall be construed together with this Act
until July 1, 2015 and not thereafter.
    (c) Nothing in this Act affects the validity or effect of
any finding, decision, or action made or taken by the
Department or the Director under the ID/DD Community Care Act
before the effective date of this Act with respect to a
facility subject to licensure under this Act. That finding,
decision, or action shall continue to apply to the facility on
and after the effective date of this Act. Any finding,
decision, or action with respect to the facility made or taken
on or after the effective date of this Act shall be made or
taken as provided in this Act.
 
    Section 1-102. Definitions. For the purposes of this Act,
unless the context otherwise requires, the terms defined in
this Article have the meanings ascribed to them herein.
 
    Section 1-103. Abuse. "Abuse" means any physical or mental
injury or sexual assault inflicted on a resident other than by
accidental means in a facility.
 
    Section 1-104. Access. "Access" means the right to:
        (1) Enter any facility;
        (2) Communicate privately and without restriction with
    any resident who consents to the communication;
        (3) Seek consent to communicate privately and without
    restriction with any resident;
        (4) Inspect the clinical and other records of a
    resident with the express written consent of the resident;
    or
        (5) Observe all areas of the facility except the living
    area of any resident who protests the observation.
 
    Section 1-105. Administrator. "Administrator" means a
person who is charged with the general administration and
supervision of a facility and licensed, if required, under the
Nursing Home Administrators Licensing and Disciplinary Act, as
now or hereafter amended.
 
    Section 1-106. Affiliate. "Affiliate" means:
        (1) With respect to a partnership, each partner
    thereof.
        (2) With respect to a corporation, each officer,
    director and stockholder thereof.
        (3) With respect to a natural person: any person
    related in the first degree of kinship to that person; each
    partnership and each partner thereof of which that person
    or any affiliate of that person is a partner; and each
    corporation in which that person or any affiliate of that
    person is an officer, director or stockholder.
 
    Section 1-107. Applicant. "Applicant" means any person
making application for a license.
 
    Section 1-108.1. Complaint classification. "Complaint
classification" means the Department shall categorize reports
about conditions, care or services in a facility into one of
three groups after an investigation:
        (1) "An invalid report" means any report made under
    this Act for which it is determined after an investigation
    that no credible evidence of abuse, neglect or other
    deficiency relating to the complaint exists;
        (2) "A valid report" means a report made under this Act
    if an investigation determines that some credible evidence
    of the alleged abuse, neglect or other deficiency relating
    to the complaint exists; and
        (3) "An undetermined report" means a report made under
    this Act in which it was not possible to initiate or
    complete an investigation on the basis of information
    provided to the Department.
 
    Section 1-109. Department. "Department" means the
Department of Public Health.
 
    Section 1-110. Director. "Director" means the Director of
Public Health or his or her designee.
 
    Section 1-111. Discharge. "Discharge" means the full
release of any resident from a facility.
 
    Section 1-111.05. Distressed facility. "Distressed
facility" means a facility determined by the Department to be a
distressed facility pursuant to Section 3-304.2 of this Act.
 
    Section 1-112. Emergency. "Emergency" means a situation,
physical condition or one or more practices, methods or
operations which present imminent danger of death or serious
physical or mental harm to residents of a facility.
 
    Section 1-113. Facility. "MC/DD facility" or "facility"
means a medically complex for the developmentally disabled
facility, whether operated for profit or not, which provides,
through its ownership or management, personal care or nursing
for 3 or more persons not related to the applicant or owner by
blood or marriage.
    "Facility" does not include the following:
        (1) A home, institution, or other place operated by the
    federal government or agency thereof, or by the State of
    Illinois, other than homes, institutions, or other places
    operated by or under the authority of the Illinois
    Department of Veterans' Affairs;
        (2) A hospital, sanitarium, or other institution whose
    principal activity or business is the diagnosis, care, and
    treatment of human illness through the maintenance and
    operation as organized facilities therefore, which is
    required to be licensed under the Hospital Licensing Act;
        (3) Any "facility for child care" as defined in the
    Child Care Act of 1969;
        (4) Any "community living facility" as defined in the
    Community Living Facilities Licensing Act;
        (5) Any "community residential alternative" as defined
    in the Community Residential Alternatives Licensing Act;
        (6) Any nursing home or sanatorium operated solely by
    and for persons who rely exclusively upon treatment by
    spiritual means through prayer, in accordance with the
    creed or tenets of any well recognized church or religious
    denomination. However, such nursing home or sanatorium
    shall comply with all local laws and rules relating to
    sanitation and safety;
        (7) Any facility licensed by the Department of Human
    Services as a community-integrated living arrangement as
    defined in the Community-Integrated Living Arrangements
    Licensure and Certification Act;
        (8) Any facility licensed under the Nursing Home Care
    Act;
        (9) Any ID/DD facility under the ID/DD Community Care
    Act;
        (10) Any "supportive residence" licensed under the
    Supportive Residences Licensing Act;
        (11) Any "supportive living facility" in good standing
    with the program established under Section 5-5.01a of the
    Illinois Public Aid Code, except only for purposes of the
    employment of persons in accordance with Section 3-206.01;
        (12) Any assisted living or shared housing
    establishment licensed under the Assisted Living and
    Shared Housing Act, except only for purposes of the
    employment of persons in accordance with Section 3-206.01;
        (13) An Alzheimer's disease management center
    alternative health care model licensed under the
    Alternative Health Care Delivery Act; or
        (14) A home, institution, or other place operated by or
    under the authority of the Illinois Department of Veterans'
    Affairs.
 
    Section 1-114. Guardian. "Guardian" means a person
appointed as a guardian of the person or guardian of the
estate, or both, of a resident under the "Probate Act of 1975",
as now or hereafter amended.
 
    Section 1-114.001. Habilitation. "Habilitation" means an
effort directed toward increasing a person's level of physical,
mental, social, or economic functioning. Habilitation may
include, but is not limited to, diagnosis, evaluation, medical
services, residential care, day care, special living
arrangements, training, education, employment services,
protective services, and counseling.
 
    Section 1-114.01. Identified offender. "Identified
offender" means a person who meets any of the following
criteria:
        (1) Has been convicted of, found guilty of, adjudicated
    delinquent for, found not guilty by reason of insanity for,
    or found unfit to stand trial for any felony offense listed
    in Section 25 of the Health Care Worker Background Check
    Act, except for the following:
            (i) a felony offense described in Section 10-5 of
        the Nurse Practice Act;
            (ii) a felony offense described in Section 4, 5, 6,
        8, or 17.02 of the Illinois Credit Card and Debit Card
        Act;
            (iii) a felony offense described in Section 5, 5.1,
        5.2, 7, or 9 of the Cannabis Control Act;
            (iv) a felony offense described in Section 401,
        401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
        Controlled Substances Act; and
            (v) a felony offense described in the
        Methamphetamine Control and Community Protection Act.
        (2) Has been convicted of, adjudicated delinquent for,
    found not guilty by reason of insanity for, or found unfit
    to stand trial for, any sex offense as defined in
    subsection (c) of Section 10 of the Sex Offender Management
    Board Act.
        (3) Is any other resident as determined by the
    Department of State Police.
 
    Section 1-114.1. Immediate family. "Immediate family"
means the spouse, an adult child, a parent, an adult brother or
sister, or an adult grandchild of a person.
 
    Section 1-114.005. High-risk designation. "High-risk
designation" means a designation of a provision of the Illinois
Administrative Code that has been identified by the Department
through rulemaking to be inherently necessary to protect the
health, safety, and welfare of a resident.
 
    Section 1-115. Licensee. "Licensee" means the individual
or entity licensed by the Department to operate the facility.
 
    Section 1-116. Maintenance. "Maintenance" means food,
shelter and laundry services.
 
    Section 1-116.5. Misappropriation of a resident's
property. "Misappropriation of a resident's property" means
the deliberate misplacement, exploitation, or wrongful
temporary or permanent use of a resident's belongings or money
without the resident's consent.
 
    Section 1-117. Neglect. "Neglect" means a failure in a
facility to provide adequate medical or personal care or
maintenance, which failure results in physical or mental injury
to a resident or in the deterioration of a resident's physical
or mental condition.
 
    Section 1-118. Nurse. "Nurse" means a registered nurse or a
licensed practical nurse as defined in the Nurse Practice Act.
 
    Section 1-119. Owner. "Owner" means the individual,
partnership, corporation, association or other person who owns
a facility. In the event a facility is operated by a person who
leases the physical plant, which is owned by another person,
"owner" means the person who operates the facility, except that
if the person who owns the physical plant is an affiliate of
the person who operates the facility and has significant
control over the day to day operations of the facility, the
person who owns the physical plant shall incur jointly and
severally with the owner all liabilities imposed on an owner
under this Act.
 
    Section 1-120. Personal care. "Personal care" means
assistance with meals, dressing, movement, bathing or other
personal needs or maintenance, or general supervision and
oversight of the physical and mental well being of an
individual, who is incapable of maintaining a private,
independent residence or who is incapable of managing his or
her person whether or not a guardian has been appointed for
such individual.
 
    Section 1-120.3. Provisional admission period.
"Provisional admission period" means the time between the
admission of an identified offender as defined in Section
1-114.01 of this Act and 3 days following the admitting
facility's receipt of an Identified Offender Report and
Recommendation in accordance with Section 2-201.6 of this Act.
 
    Section 1-121. Reasonable hour. "Reasonable hour" means
any time between the hours of 10 a.m. and 8 p.m. daily.
 
    Section 1-122. Resident. "Resident" means a person
receiving personal or medical care, including, but not limited
to, habilitation, psychiatric services, therapeutic services,
and assistance with activities of daily living from a facility.
 
    Section 1-123. Resident's representative. "Resident's
representative" means a person other than the owner, or an
agent or employee of a facility not related to the resident,
designated in writing by a resident to be his or her
representative, or the resident's guardian, or the parent of a
minor resident for whom no guardian has been appointed.
 
    Section 1-125. Stockholder. "Stockholder" of a corporation
means any person who, directly or indirectly, beneficially
owns, holds or has the power to vote, at least 5% of any class
of securities issued by the corporation.
 
    Section 1-125.1. Student intern. "Student intern" means
any person whose total term of employment in any facility
during any 12-month period is equal to or less than 90
continuous days, and whose term of employment is either:
        (1) an academic credit requirement in a high school or
    undergraduate institution, or
        (2) immediately succeeds a full quarter, semester or
    trimester of academic enrollment in either a high school or
    undergraduate institution, provided that such person is
    registered for another full quarter, semester or trimester
    of academic enrollment in either a high school or
    undergraduate institution which quarter, semester or
    trimester will commence immediately following the term of
    employment.
 
    Section 1-126. Title XVIII. "Title XVIII" means Title XVIII
of the federal Social Security Act as now or hereafter amended.
 
    Section 1-127. Title XIX. "Title XIX" means Title XIX of
the federal Social Security Act as now or hereafter amended.
 
    Section 1-128. Transfer. "Transfer" means a change in
status of a resident's living arrangements from one facility to
another facility.
 
    Section 1-128.5. Type "AA" violation. A "Type 'AA'
violation" means a violation of this Act or of the rules
promulgated thereunder that creates a condition or occurrence
relating to the operation and maintenance of a facility that
proximately caused a resident's death.
 
    Section 1-129. Type "A" violation. A "Type 'A' violation"
means a violation of this Act or of the rules promulgated
thereunder which creates a condition or occurrence relating to
the operation and maintenance of a facility that (i) creates a
substantial probability that the risk of death or serious
mental or physical harm to a resident will result therefrom or
(ii) has resulted in actual physical or mental harm to a
resident.
 
    Section 1-130. Type "B" violation. A "Type 'B' violation"
means a violation of this Act or of the rules promulgated
thereunder which (i) creates a condition or occurrence relating
to the operation and maintenance of a facility that is more
likely than not to cause more than minimal physical or mental
harm to a resident or (ii) is specifically designated as a Type
"B" violation in this Act.
 
    Section 1-132. Type "C" violation. A "Type 'C' violation"
means a violation of this Act or of the rules promulgated
thereunder that creates a condition or occurrence relating to
the operation and maintenance of a facility that creates a
substantial probability that less than minimal physical or
mental harm to a resident will result therefrom.
 
ARTICLE II. RIGHTS AND RESPONSIBILITIES

 
PART 1. RESIDENT RIGHTS

 
    Section 2-101. Constitutional and legal rights. No
resident shall be deprived of any rights, benefits, or
privileges guaranteed by law, the Constitution of the State of
Illinois, or the Constitution of the United States solely on
account of his or her status as a resident of a facility.
 
    Section 2-101.1. Spousal impoverishment. All new residents
and their spouses shall be informed on admittance of their
spousal impoverishment rights as defined at Section 5-4 of the
Illinois Public Aid Code, as now or hereafter amended and at
Section 303 of Title III of the Medicare Catastrophic Coverage
Act of 1988 (P.L. 100-360).
 
    Section 2-102. Financial affairs. A resident shall be
permitted to manage his or her own financial affairs unless he
or she or his or her guardian or if the resident is a minor, his
or her parent, authorizes the administrator of the facility in
writing to manage such resident's financial affairs under
Section 2-201 of this Act.
 
    Section 2-103. Personal property. A resident shall be
permitted to retain and use or wear his or her personal
property in his or her immediate living quarters, unless deemed
medically inappropriate by a physician and so documented in the
resident's clinical record. If clothing is provided to the
resident by the facility, it shall be of a proper fit.
    The facility shall provide adequate storage space for the
personal property of the resident. The facility shall provide a
means of safeguarding small items of value for its residents in
their rooms or in any other part of the facility so long as the
residents have daily access to such valuables. The facility
shall make reasonable efforts to prevent loss and theft of
residents' property. Those efforts shall be appropriate to the
particular facility and may include, but are not limited to,
staff training and monitoring, labeling property, and frequent
property inventories. The facility shall develop procedures
for investigating complaints concerning theft of residents'
property and shall promptly investigate all such complaints.
 
    Section 2-104. Medical treatment; records.
    (a) A resident shall be permitted to retain the services of
his or her own personal physician at his or her own expense or
under an individual or group plan of health insurance, or under
any public or private assistance program providing such
coverage. However, the facility is not liable for the
negligence of any such personal physician. Every resident shall
be permitted to obtain from his or her own physician or the
physician attached to the facility complete and current
information concerning his or her medical diagnosis, treatment
and prognosis in terms and language the resident can reasonably
be expected to understand. Every resident shall be permitted to
participate in the planning of his or her total care and
medical treatment to the extent that his or her condition
permits. No resident shall be subjected to experimental
research or treatment without first obtaining his or her
informed, written consent. The conduct of any experimental
research or treatment shall be authorized and monitored by an
institutional review board appointed by the Director. The
membership, operating procedures and review criteria for the
institutional review board shall be prescribed under rules and
regulations of the Department and shall comply with the
requirements for institutional review boards established by
the federal Food and Drug Administration. No person who has
received compensation in the prior 3 years from an entity that
manufactures, distributes, or sells pharmaceuticals,
biologics, or medical devices may serve on the institutional
review board.
    The institutional review board may approve only research or
treatment that meets the standards of the federal Food and Drug
Administration with respect to (i) the protection of human
subjects and (ii) financial disclosure by clinical
investigators. The Office of State Long Term Care Ombudsman and
the State Protection and Advocacy organization shall be given
an opportunity to comment on any request for approval before
the board makes a decision. Those entities shall not be
provided information that would allow a potential human subject
to be individually identified, unless the board asks the
Ombudsman for help in securing information from or about the
resident. The board shall require frequent reporting of the
progress of the approved research or treatment and its impact
on residents, including immediate reporting of any adverse
impact to the resident, the resident's representative, the
Office of the State Long Term Care Ombudsman, and the State
Protection and Advocacy organization. The board may not approve
any retrospective study of the records of any resident about
the safety or efficacy of any care or treatment if the resident
was under the care of the proposed researcher or a business
associate when the care or treatment was given, unless the
study is under the control of a researcher without any business
relationship to any person or entity who could benefit from the
findings of the study.
    No facility shall permit experimental research or
treatment to be conducted on a resident or give access to any
person or person's records for a retrospective study about the
safety or efficacy of any care or treatment without the prior
written approval of the institutional review board. No
administrator, or person licensed by the State to provide
medical care or treatment to any person may assist or
participate in any experimental research on or treatment of a
resident, including a retrospective study, that does not have
the prior written approval of the board. Such conduct shall be
grounds for professional discipline by the Department of
Financial and Professional Regulation.
    The institutional review board may exempt from ongoing
review research or treatment initiated on a resident before the
individual's admission to a facility and for which the board
determines there is adequate ongoing oversight by another
institutional review board. Nothing in this Section shall
prevent a facility, any facility employee, or any other person
from assisting or participating in any experimental research on
or treatment of a resident if the research or treatment began
before the person's admission to a facility, until the board
has reviewed the research or treatment and decided to grant or
deny approval or to exempt the research or treatment from
ongoing review.
    (b) All medical treatment and procedures shall be
administered as ordered by a physician. All new physician
orders shall be reviewed by the facility's director of nursing
or charge nurse designee within 24 hours after such orders have
been issued to assure facility compliance with such orders.
    According to rules adopted by the Department, every woman
resident of child bearing age shall receive routine obstetrical
and gynecological evaluations as well as necessary prenatal
care.
    (c) Every resident shall be permitted to refuse medical
treatment and to know the consequences of such action, unless
such refusal would be harmful to the health and safety of
others and such harm is documented by a physician in the
resident's clinical record. The resident's refusal shall free
the facility from the obligation to provide the treatment.
    (d) Every resident, resident's guardian, or parent if the
resident is a minor shall be permitted to inspect and copy all
his or her clinical and other records concerning his or her
care and maintenance kept by the facility or by his or her
physician. The facility may charge a reasonable fee for
duplication of a record.
 
    Section 2-104.1. Transfer of facility ownership after
license suspension or revocation. Whenever ownership of a
private facility is transferred to another private owner
following a final order for a suspension or revocation of the
facility's license, the new owner, if the Department so
determines, shall thoroughly evaluate the condition and needs
of each resident as if each resident were being newly admitted
to the facility. The evaluation shall include a review of the
medical record and the conduct of a physical examination of
each resident which shall be performed within 30 days after the
transfer of ownership.
 
    Section 2-104.2. Do Not Resuscitate Orders. Every facility
licensed under this Act shall establish a policy for the
implementation of physician orders limiting resuscitation such
as those commonly referred to as "Do Not Resuscitate" orders.
This policy may only prescribe the format, method of
documentation and duration of any physician orders limiting
resuscitation. Any orders under this policy shall be honored by
the facility. The Department of Public Health Uniform DNR/POLST
form or a copy of that form or a previous version of the
uniform form shall be honored by the facility.
 
    Section 2-105. Privacy. A resident shall be permitted
respect and privacy in his or her medical and personal care
program. Every resident's case discussion, consultation,
examination and treatment shall be confidential and shall be
conducted discreetly, and those persons not directly involved
in the resident's care must have the resident's permission to
be present.
 
    Section 2-106. Restraints and confinements.
    (a) For purposes of this Act:
        (i) A physical restraint is any manual method or
    physical or mechanical device, material, or equipment
    attached or adjacent to a resident's body that the resident
    cannot remove easily and restricts freedom of movement or
    normal access to one's body. Devices used for positioning,
    including but not limited to bed rails, gait belts, and
    cushions, shall not be considered to be restraints for
    purposes of this Section.
        (ii) A chemical restraint is any drug used for
    discipline or convenience and not required to treat medical
    symptoms. The Department shall by rule, designate certain
    devices as restraints, including at least all those devices
    which have been determined to be restraints by the United
    States Department of Health and Human Services in
    interpretive guidelines issued for the purposes of
    administering Titles XVIII and XIX of the Social Security
    Act.
    (b) Neither restraints nor confinements shall be employed
for the purpose of punishment or for the convenience of any
facility personnel. No restraints or confinements shall be
employed except as ordered by a physician who documents the
need for such restraints or confinements in the resident's
clinical record. Each facility licensed under this Act must
have a written policy to address the use of restraints and
seclusion. The Department shall establish by rule the
provisions that the policy must include, which, to the extent
practicable, should be consistent with the requirements for
participation in the federal Medicare program. Each policy
shall include periodic review of the use of restraints.
    (c) A restraint may be used only with the informed consent
of the resident, the resident's guardian, or other authorized
representative. A restraint may be used only for specific
periods, if it is the least restrictive means necessary to
attain and maintain the resident's highest practicable
physical, mental or psychosocial well being, including brief
periods of time to provide necessary life saving treatment. A
restraint may be used only after consultation with appropriate
health professionals, such as occupational or physical
therapists, and a trial of less restrictive measures has led to
the determination that the use of less restrictive measures
would not attain or maintain the resident's highest practicable
physical, mental or psychosocial well being. However, if the
resident needs emergency care, restraints may be used for brief
periods to permit medical treatment to proceed unless the
facility has notice that the resident has previously made a
valid refusal of the treatment in question.
    (d) A restraint may be applied only by a person trained in
the application of the particular type of restraint.
    (e) Whenever a period of use of a restraint is initiated,
the resident shall be advised of his or her right to have a
person or organization of his or her choosing, including the
Guardianship and Advocacy Commission, notified of the use of
the restraint. A recipient who is under guardianship may
request that a person or organization of his or her choosing be
notified of the restraint, whether or not the guardian approves
the notice. If the resident so chooses, the facility shall make
the notification within 24 hours, including any information
about the period of time that the restraint is to be used.
Whenever the Guardianship and Advocacy Commission is notified
that a resident has been restrained, it shall contact the
resident to determine the circumstances of the restraint and
whether further action is warranted.
    (f) Whenever a restraint is used on a resident whose
primary mode of communication is sign language, the resident
shall be permitted to have his or her hands free from restraint
for brief periods each hour, except when this freedom may
result in physical harm to the resident or others.
    (g) The requirements of this Section are intended to
control in any conflict with the requirements of Sections 1-126
and 2-108 of the Mental Health and Developmental Disabilities
Code.
 
    Section 2-106.1. Drug treatment.
    (a) A resident shall not be given unnecessary drugs. An
unnecessary drug is any drug used in an excessive dose,
including in duplicative therapy; for excessive duration;
without adequate monitoring; without adequate indications for
its use; or in the presence of adverse consequences that
indicate the drugs should be reduced or discontinued. The
Department shall adopt, by rule, the standards for unnecessary
drugs contained in interpretive guidelines issued by the United
States Department of Health and Human Services for the purposes
of administering Titles XVIII and XIX of the Social Security
Act.
    (b) Psychotropic medication shall not be administered
without the informed consent of the resident, the resident's
guardian, or other authorized representative. "Psychotropic
medication" means medication that is used for or listed as used
for antipsychotic, antidepressant, antimanic, or antianxiety
behavior modification or behavior management purposes in the
latest editions of the AMA Drug Evaluations or the Physician's
Desk Reference. The Department shall adopt, by rule, a protocol
specifying how informed consent for psychotropic medication
may be obtained or refused. The protocol shall require, at a
minimum, a discussion between (1) the resident or the
resident's authorized representative and (2) the resident's
physician, a registered pharmacist who is not a dispensing
pharmacist for the facility where the resident lives, or a
licensed nurse about the possible risks and benefits of a
recommended medication and the use of standardized consent
forms designated by the Department. Each form developed by the
Department (i) shall be written in plain language, (ii) shall
be able to be downloaded from the Department's official
website, (iii) shall include information specific to the
psychotropic medication for which consent is being sought, and
(iv) shall be used for every resident for whom psychotropic
drugs are prescribed. In addition to creating those forms, the
Department shall approve the use of any other informed consent
forms that meet criteria developed by the Department.
    In addition to any other requirement prescribed by law, a
facility that is found to have violated this subsection or the
federal certification requirement that informed consent be
obtained before administering a psychotropic medication shall
for 3 years after the notice of violation be required to (A)
obtain the signatures of 2 licensed health care professionals
on every form purporting to give informed consent for the
administration of a psychotropic medication, certifying the
personal knowledge of each health care professional that the
consent was obtained in compliance with the requirements of
this subsection or (B) videotape or make a digital video record
of the procedures followed by the facility to comply with the
requirements of this subsection.
    (c) The requirements of this Section are intended to
control in a conflict with the requirements of Sections 2-102
and 2-107.2 of the Mental Health and Developmental Disabilities
Code with respect to the administration of psychotropic
medication.
 
    Section 2-106a. Resident identification wristlet. No
identification wristlets shall be employed except as ordered by
a physician who documents the need for such mandatory
identification in the resident's clinical record. When
identification bracelets are required, they must identify the
resident's name, and the name and address of the facility
issuing the identification wristlet.
 
    Section 2-107. Abuse or neglect; duty to report. An owner,
licensee, administrator, employee or agent of a facility shall
not abuse or neglect a resident. It is the duty of any facility
employee or agent who becomes aware of such abuse or neglect to
report it as provided in the Abused and Neglected Long Term
Care Facility Residents Reporting Act.
 
    Section 2-108. Communications; visits; married residents.
Every resident shall be permitted unimpeded, private and
uncensored communication of his or her choice by mail, public
telephone or visitation.
    (a) The administrator shall ensure that correspondence is
conveniently received and mailed, and that telephones are
reasonably accessible.
    (b) The administrator shall ensure that residents may have
private visits at any reasonable hour unless such visits are
not medically advisable for the resident as documented in the
resident's clinical record by the resident's physician.
    (c) The administrator shall ensure that space for visits is
available and that facility personnel knock, except in an
emergency, before entering any resident's room.
    (d) Unimpeded, private and uncensored communication by
mail, public telephone and visitation may be reasonably
restricted by a physician only in order to protect the resident
or others from harm, harassment or intimidation, provided that
the reason for any such restriction is placed in the resident's
clinical record by the physician and that notice of such
restriction shall be given to all residents upon admission.
However, all letters addressed by a resident to the Governor,
members of the General Assembly, Attorney General, judges,
state's attorneys, officers of the Department, or licensed
attorneys at law shall be forwarded at once to the persons to
whom they are addressed without examination by facility
personnel. Letters in reply from the officials and attorneys
mentioned above shall be delivered to the recipient without
examination by facility personnel.
    (e) The administrator shall ensure that married residents
residing in the same facility be allowed to reside in the same
room within the facility unless there is no room available in
the facility or it is deemed medically inadvisable by the
residents' attending physician and so documented in the
residents' medical records.
 
    Section 2-109. Religion. A resident shall be permitted the
free exercise of religion. Upon a resident's request, and if
necessary at the resident's expense, the administrator shall
make arrangements for a resident's attendance at religious
services of the resident's choice. However, no religious
beliefs or practices, or attendance at religious services, may
be imposed upon any resident.
 
    Section 2-110. Access to residents.
    (a) Any employee or agent of a public agency, any
representative of a community legal services program or any
other member of the general public shall be permitted access at
reasonable hours to any individual resident of any facility,
but only if there is neither a commercial purpose nor effect to
such access and if the purpose is to do any of the following:
        (1) Visit, talk with and make personal, social and
    legal services available to all residents;
        (2) Inform residents of their rights and entitlements
    and their corresponding obligations, under federal and
    State laws, by means of educational materials and
    discussions in groups and with individual residents;
        (3) Assist residents in asserting their legal rights
    regarding claims for public assistance, medical assistance
    and social security benefits, as well as in all other
    matters in which residents are aggrieved. Assistance may
    include counseling and litigation; or
        (4) Engage in other methods of asserting, advising and
    representing residents so as to extend to them full
    enjoyment of their rights.
    (a-5) If a resident of a licensed facility is an identified
offender, any federal, State, or local law enforcement officer
or county probation officer shall be permitted reasonable
access to the individual resident to verify compliance with the
requirements of the Sex Offender Registration Act or to verify
compliance with applicable terms of probation, parole,
aftercare release, or mandatory supervised release.
    (b) All persons entering a facility under this Section
shall promptly notify appropriate facility personnel of their
presence. They shall, upon request, produce identification to
establish their identity. No such person shall enter the
immediate living area of any resident without first identifying
himself or herself and then receiving permission from the
resident to enter. The rights of other residents present in the
room shall be respected. A resident may terminate at any time a
visit by a person having access to the resident's living area
under this Section.
    (c) This Section shall not limit the power of the
Department or other public agency otherwise permitted or
required by law to enter and inspect a facility.
    (d) Notwithstanding paragraph (a) of this Section, the
administrator of a facility may refuse access to the facility
to any person if the presence of that person in the facility
would be injurious to the health and safety of a resident or
would threaten the security of the property of a resident or
the facility, or if the person seeks access to the facility for
commercial purposes. Any person refused access to a facility
may within 10 days request a hearing under Section 3-703. In
that proceeding, the burden of proof as to the right of the
facility to refuse access under this Section shall be on the
facility.
 
    Section 2-111. Discharge. A resident may be discharged from
a facility after he or she gives the administrator, a
physician, or a nurse of the facility written notice of his or
her desire to be discharged. If a guardian has been appointed
for a resident or if the resident is a minor, the resident
shall be discharged upon written consent of his or her guardian
or if the resident is a minor, his or her parent unless there
is a court order to the contrary. In such cases, upon the
resident's discharge, the facility is relieved from any
responsibility for the resident's care, safety or well being.
 
    Section 2-112. Grievances. A resident shall be permitted to
present grievances on behalf of himself or herself or others to
the administrator, the DD Facility Advisory Board established
under Section 2-204 of the ID/DD Community Care Act, the
residents' advisory council, State governmental agencies or
other persons without threat of discharge or reprisal in any
form or manner whatsoever. The administrator shall provide all
residents or their representatives with the name, address, and
telephone number of the appropriate State governmental office
where complaints may be lodged.
 
    Section 2-113. Labor. A resident may refuse to perform
labor for a facility.
 
    Section 2-114. Unlawful discrimination. No resident shall
be subjected to unlawful discrimination as defined in Section
1-103 of the Illinois Human Rights Act by any owner, licensee,
administrator, employee, or agent of a facility. Unlawful
discrimination does not include an action by any owner,
licensee, administrator, employee, or agent of a facility that
is required by this Act or rules adopted under this Act.
 
    Section 2-115. Right to notification of violations.
Residents and their guardians or other resident
representatives, if any, shall be notified of any violation of
this Act or the rules promulgated thereunder pursuant to
Section 2-217 of this Act, or of violations of the requirements
of Titles XVIII or XIX of the Social Security Act or rules
promulgated thereunder, with respect to the health, safety, or
welfare of the resident.
 
PART 2. RESPONSIBILITIES

 
    Section 2-201. Residents' funds. To protect the residents'
funds, the facility:
    (1) Shall at the time of admission provide, in order of
priority, each resident, or the resident's guardian, if any, or
the resident's representative, if any, or the resident's
immediate family member, if any, with a written statement
explaining to the resident and to the resident's spouse (a)
their spousal impoverishment rights, as defined at Section 5-4
of the Illinois Public Aid Code, and at Section 303 of Title
III of the Medicare Catastrophic Coverage Act of 1988 (P.L.
100-360), and (b) the resident's rights regarding personal
funds and listing the services for which the resident will be
charged. The facility shall obtain a signed acknowledgment from
each resident or the resident's guardian, if any, or the
resident's representative, if any, or the resident's immediate
family member, if any, that such person has received the
statement.
    (2) May accept funds from a resident for safekeeping and
managing, if it receives written authorization from, in order
of priority, the resident or the resident's guardian, if any,
or the resident's representative, if any, or the resident's
immediate family member, if any; such authorization shall be
attested to by a witness who has no pecuniary interest in the
facility or its operations, and who is not connected in any way
to facility personnel or the administrator in any manner
whatsoever.
    (3) Shall maintain and allow, in order of priority, each
resident or the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family
member, if any, access to a written record of all financial
arrangements and transactions involving the individual
resident's funds.
    (4) Shall provide, in order of priority, each resident, or
the resident's guardian, if any, or the resident's
representative, if any, or the resident's immediate family
member, if any, with a written itemized statement at least
quarterly, of all financial transactions involving the
resident's funds.
    (5) Shall purchase a surety bond, or otherwise provide
assurance satisfactory to the Departments of Public Health and
Financial and Professional Regulation that all residents'
personal funds deposited with the facility are secure against
loss, theft, and insolvency.
    (6) Shall keep any funds received from a resident for
safekeeping in an account separate from the facility's funds,
and shall at no time withdraw any part or all of such funds for
any purpose other than to return the funds to the resident upon
the request of the resident or any other person entitled to
make such request, to pay the resident his or her allowance, or
to make any other payment authorized by the resident or any
other person entitled to make such authorization.
    (7) Shall deposit any funds received from a resident in
excess of $100 in an interest bearing account insured by
agencies of, or corporations chartered by, the State or federal
government. The account shall be in a form which clearly
indicates that the facility has only a fiduciary interest in
the funds and any interest from the account shall accrue to the
resident. The facility may keep up to $100 of a resident's
money in a non-interest-bearing account or petty cash fund, to
be readily available for the resident's current expenditures.
    (8) Shall return to the resident, or the person who
executed the written authorization required in subsection (2)
of this Section, upon written request, all or any part of the
resident's funds given the facility for safekeeping, including
the interest accrued from deposits.
    (9) Shall (a) place any monthly allowance to which a
resident is entitled in that resident's personal account, or
give it to the resident, unless the facility has written
authorization from the resident or the resident's guardian or
if the resident is a minor, his parent, to handle it
differently, (b) take all steps necessary to ensure that a
personal needs allowance that is placed in a resident's
personal account is used exclusively by the resident or for the
benefit of the resident, and (c) where such funds are withdrawn
from the resident's personal account by any person other than
the resident, require such person to whom funds constituting
any part of a resident's personal needs allowance are released,
to execute an affidavit that such funds shall be used
exclusively for the benefit of the resident.
    (10) Unless otherwise provided by State law, upon the death
of a resident, shall provide the executor or administrator of
the resident's estate with a complete accounting of all the
resident's personal property, including any funds of the
resident being held by the facility.
    (11) If an adult resident is incapable of managing his or
her funds and does not have a resident's representative,
guardian, or an immediate family member, shall notify the
Office of the State Guardian of the Guardianship and Advocacy
Commission.
    (12) If the facility is sold, shall provide the buyer with
a written verification by a public accountant of all residents'
monies and properties being transferred, and obtain a signed
receipt from the new owner.
 
    Section 2-201.5. Screening prior to admission.
    (a) All persons age 18 or older seeking admission to a
facility must be screened to determine the need for facility
services prior to being admitted, regardless of income, assets,
or funding source. In addition, any person who seeks to become
eligible for medical assistance from the Medical Assistance
Program under the Illinois Public Aid Code to pay for services
while residing in a facility must be screened prior to
receiving those benefits. Screening for facility services
shall be administered through procedures established by
administrative rule. Screening may be done by agencies other
than the Department as established by administrative rule.
    (a-1) Any screening shall also include an evaluation of
whether there are residential supports and services or an array
of community services that would enable the person to live in
the community. The person shall be told about the existence of
any such services that would enable the person to live safely
and humanely in the least restrictive environment, that is
appropriate, that the individual or guardian chooses, and the
person shall be given the assistance necessary to avail himself
or herself of any available services.
    (b) In addition to the screening required by subsection
(a), a facility shall, within 24 hours after admission, request
a criminal history background check pursuant to the Uniform
Conviction Information Act for all persons age 18 or older
seeking admission to the facility. Background checks conducted
pursuant to this Section shall be based on the resident's name,
date of birth, and other identifiers as required by the
Department of State Police. If the results of the background
check are inconclusive, the facility shall initiate a
fingerprint-based check, unless the fingerprint-based check is
waived by the Director of Public Health based on verification
by the facility that the resident is completely immobile or
that the resident meets other criteria related to the
resident's health or lack of potential risk which may be
established by Departmental rule. A waiver issued pursuant to
this Section shall be valid only while the resident is immobile
or while the criteria supporting the waiver exist. The facility
shall provide for or arrange for any required fingerprint-based
checks. If a fingerprint-based check is required, the facility
shall arrange for it to be conducted in a manner that is
respectful of the resident's dignity and that minimizes any
emotional or physical hardship to the resident.
    (c) If the results of a resident's criminal history
background check reveal that the resident is an identified
offender as defined in Section 1-114.01 of this Act, the
facility shall do the following:
        (1) Immediately notify the Department of State Police,
    in the form and manner required by the Department of State
    Police, in collaboration with the Department of Public
    Health, that the resident is an identified offender.
        (2) Within 72 hours, arrange for a fingerprint-based
    criminal history record inquiry to be requested on the
    identified offender resident. The inquiry shall be based on
    the subject's name, sex, race, date of birth, fingerprint
    images, and other identifiers required by the Department of
    State Police. The inquiry shall be processed through the
    files of the Department of State Police and the Federal
    Bureau of Investigation to locate any criminal history
    record information that may exist regarding the subject.
    The Federal Bureau of Investigation shall furnish to the
    Department of State Police, pursuant to an inquiry under
    this paragraph (2), any criminal history record
    information contained in its files. The facility shall
    comply with all applicable provisions contained in the
    Uniform Conviction Information Act. All name-based and
    fingerprint-based criminal history record inquiries shall
    be submitted to the Department of State Police
    electronically in the form and manner prescribed by the
    Department of State Police. The Department of State Police
    may charge the facility a fee for processing name-based and
    fingerprint-based criminal history record inquiries. The
    fee shall be deposited into the State Police Services Fund.
    The fee shall not exceed the actual cost of processing the
    inquiry.
    (d) The Department shall develop and maintain a
de-identified database of residents who have injured facility
staff, facility visitors, or other residents, and the attendant
circumstances, solely for the purposes of evaluating and
improving resident pre-screening and assessment procedures
(including the Criminal History Report prepared under Section
2-201.6 of this Act) and the adequacy of Department
requirements concerning the provision of care and services to
residents. A resident shall not be listed in the database until
a Department survey confirms the accuracy of the listing. The
names of persons listed in the database and information that
would allow them to be individually identified shall not be
made public. Neither the Department nor any other agency of
State government may use information in the database to take
any action against any individual, licensee, or other entity
unless the Department or agency receives the information
independent of this subsection (d). All information collected,
maintained, or developed under the authority of this subsection
(d) for the purposes of the database maintained under this
subsection (d) shall be treated in the same manner as
information that is subject to Part 21 of Article VIII of the
Code of Civil Procedure.
 
    Section 2-201.6. Criminal History Report.
    (a) The Department of State Police shall prepare a Criminal
History Report when it receives information, through the
criminal history background check required pursuant to
subsection (c) of Section 2-201.5 or through any other means,
that a resident of a facility is an identified offender.
    (b) The Department of State Police shall complete the
Criminal History Report within 10 business days after receiving
any information described under subsection (a) of this Act that
a resident is an identified offender.
    (c) The Criminal History Report shall include, but not be
limited to, all of the following:
        (1) Copies of the identified offender's parole,
    mandatory supervised release, or probation orders.
        (2) An interview with the identified offender.
        (3) A detailed summary of the entire criminal history
    of the offender, including arrests, convictions, and the
    date of the identified offender's last conviction relative
    to the date of admission to a facility.
        (4) If the identified offender is a convicted or
    registered sex offender, then a review of any and all sex
    offender evaluations conducted on that offender. If there
    is no sex offender evaluation available, then the
    Department of State Police shall arrange, through the
    Department of Public Health, for a sex offender evaluation
    to be conducted on the identified offender. If the
    convicted or registered sex offender is under supervision
    by the Illinois Department of Corrections or a county
    probation department, then the sex offender evaluation
    shall be arranged by and at the expense of the supervising
    agency. All evaluations conducted on convicted or
    registered sex offenders under this Act shall be conducted
    by sex offender evaluators approved by the Sex Offender
    Management Board.
    (d) The Department of State Police shall provide the
Criminal History Report to a licensed forensic psychologist.
The licensed forensic psychologist shall prepare an Identified
Offender Report and Recommendation after (i) consideration of
the Criminal History Report, (ii) consultation with the
facility administrator or the facility medical director, or
both, regarding the mental and physical condition of the
identified offender, and (iii) reviewing the facility's file on
the identified offender, including all incident reports, all
information regarding medication and medication compliance,
and all information regarding previous discharges or transfers
from other facilities. The Identified Offender Report and
Recommendation shall detail whether and to what extent the
identified offender's criminal history necessitates the
implementation of security measures within the facility. If the
identified offender is a convicted or registered sex offender,
or if the Identified Offender Report and Recommendation reveals
that the identified offender poses a significant risk of harm
to others within the facility, then the offender shall be
required to have his or her own room within the facility.
    (e) The licensed forensic psychologist shall complete the
Identified Offender Report and Recommendation within 14
business days after receiving the Criminal History Report and
shall promptly provide the Identified Offender Report and
Recommendation to the Department of State Police, which shall
provide the Identified Offender Report and Recommendation to
the following:
        (1) The facility within which the identified offender
    resides.
        (2) The Chief of Police of the municipality in which
    the facility is located.
        (3) The State of Illinois Long Term Care Ombudsman.
        (4) The Department of Public Health.
    (f) The Department of Public Health shall keep a continuing
record of all residents determined to be identified offenders
as defined in Section 1-114.01 and shall report the number of
identified offender residents annually to the General
Assembly.
    (g) The facility shall incorporate the Identified Offender
Report and Recommendation into the identified offender's
individual program plan created pursuant to 42 CFR 483.440(c).
    (h) If, based on the Identified Offender Report and
Recommendation, a facility determines that it cannot manage the
identified offender resident safely within the facility, then
it shall commence involuntary transfer or discharge
proceedings pursuant to Section 3-402.
    (i) Except for willful and wanton misconduct, any person
authorized to participate in the development of a Criminal
History Report or Identified Offender Report and
Recommendation is immune from criminal or civil liability for
any acts or omissions as the result of his or her good faith
effort to comply with this Section.
 
    Section 2-202. Contract required.
    (a) Before a person is admitted to a facility, or at the
expiration of the period of previous contract, or when the
source of payment for the resident's care changes from private
to public funds or from public to private funds, a written
contract shall be executed between a licensee and the following
in order of priority:
        (1) the person, or if the person is a minor, his parent
    or guardian; or
        (2) the person's guardian, if any, or agent, if any, as
    defined in Section 2-3 of the Illinois Power of Attorney
    Act; or
        (3) a member of the person's immediate family.
    An adult person shall be presumed to have the capacity to
contract for admission to a facility unless he or she has been
adjudicated a "disabled person" within the meaning of Section
11a-2 of the Probate Act of 1975, or unless a petition for such
an adjudication is pending in a circuit court of Illinois.
    If there is no guardian, agent or member of the person's
immediate family available, able or willing to execute the
contract required by this Section and a physician determines
that a person is so disabled as to be unable to consent to
placement in a facility, or if a person has already been found
to be a "disabled person", but no order has been entered
allowing residential placement of the person, that person may
be admitted to a facility before the execution of a contract
required by this Section; provided that a petition for
guardianship or for modification of guardianship is filed
within 15 days of the person's admission to a facility, and
provided further that such a contract is executed within 10
days of the disposition of the petition.
    No adult shall be admitted to a facility if he or she
objects, orally or in writing, to such admission, except as
otherwise provided in Chapters III and IV of the Mental Health
and Developmental Disabilities Code or Section 11a-14.1 of the
Probate Act of 1975.
    Before a licensee enters a contract under this Section, it
shall provide the prospective resident and his or her guardian,
if any, with written notice of the licensee's policy regarding
discharge of a resident whose private funds for payment of care
are exhausted.
    (b) A resident shall not be discharged or transferred at
the expiration of the term of a contract, except as provided in
Sections 3-401 through 3-423.
    (c) At the time of the resident's admission to the
facility, a copy of the contract shall be given to the
resident, his or her guardian, if any, and any other person who
executed the contract.
    (d) A copy of the contract for a resident who is supported
by nonpublic funds other than the resident's own funds shall be
made available to the person providing the funds for the
resident's support.
    (e) The original or a copy of the contract shall be
maintained in the facility and be made available upon request
to representatives of the Department and the Department of
Healthcare and Family Services.
    (f) The contract shall be written in clear and unambiguous
language and shall be printed in not less than 12-point type.
The general form of the contract shall be prescribed by the
Department.
    (g) The contract shall specify:
        (1) the term of the contract;
        (2) the services to be provided under the contract and
    the charges for the services;
        (3) the services that may be provided to supplement the
    contract and the charges for the services;
        (4) the sources liable for payments due under the
    contract;
        (5) the amount of deposit paid; and
        (6) the rights, duties and obligations of the resident,
    except that the specification of a resident's rights may be
    furnished on a separate document which complies with the
    requirements of Section 2-211.
    (h) The contract shall designate the name of the resident's
representative, if any. The resident shall provide the facility
with a copy of the written agreement between the resident and
the resident's representative which authorizes the resident's
representative to inspect and copy the resident's records and
authorizes the resident's representative to execute the
contract on behalf of the resident required by this Section.
    (i) The contract shall provide that if the resident is
compelled by a change in physical or mental health to leave the
facility, the contract and all obligations under it shall
terminate on 7 days' notice. No prior notice of termination of
the contract shall be required, however, in the case of a
resident's death. The contract shall also provide that in all
other situations, a resident may terminate the contract and all
obligations under it with 30 days' notice. All charges shall be
prorated as of the date on which the contract terminates, and,
if any payments have been made in advance, the excess shall be
refunded to the resident. This provision shall not apply to
life care contracts through which a facility agrees to provide
maintenance and care for a resident throughout the remainder of
his life nor to continuing care contracts through which a
facility agrees to supplement all available forms of financial
support in providing maintenance and care for a resident
throughout the remainder of his or her life.
    (j) In addition to all other contract specifications
contained in this Section admission contracts shall also
specify:
        (1) whether the facility accepts Medicaid clients;
        (2) whether the facility requires a deposit of the
    resident or his or her family prior to the establishment of
    Medicaid eligibility;
        (3) in the event that a deposit is required, a clear
    and concise statement of the procedure to be followed for
    the return of such deposit to the resident or the
    appropriate family member or guardian of the person; and
        (4) that all deposits made to a facility by a resident,
    or on behalf of a resident, shall be returned by the
    facility within 30 days of the establishment of Medicaid
    eligibility, unless such deposits must be drawn upon or
    encumbered in accordance with Medicaid eligibility
    requirements established by the Department of Healthcare
    and Family Services.
    (k) It shall be a business offense for a facility to
knowingly and intentionally both retain a resident's deposit
and accept Medicaid payments on behalf of that resident.
 
    Section 2-203. Residents' advisory council. Each facility
shall establish a residents' advisory council. The
administrator shall designate a member of the facility staff to
coordinate the establishment of, and render assistance to, the
council.
    (a) The composition of the residents' advisory council
shall be specified by Department regulation, but no employee or
affiliate of a facility shall be a member of any council.
    (b) The council shall meet at least once each month with
the staff coordinator who shall provide assistance to the
council in preparing and disseminating a report of each meeting
to all residents, the administrator, and the staff.
    (c) Records of the council meetings will be maintained in
the office of the administrator.
    (d) The residents' advisory council may communicate to the
administrator the opinions and concerns of the residents. The
council shall review procedures for implementing resident
rights, facility responsibilities and make recommendations for
changes or additions which will strengthen the facility's
policies and procedures as they affect residents' rights and
facility responsibilities.
    (e) The council shall be a forum for:
        (1) Obtaining and disseminating information;
        (2) Soliciting and adopting recommendations for
    facility programing and improvements; and
        (3) Early identification and for recommending orderly
    resolution of problems.
    (f) The council may present complaints as provided in
Section 3-702 on behalf of a resident to the Department, the DD
Facility Advisory Board established under Section 2-204 of the
ID/DD Community Care Act or to any other person it considers
appropriate.
 
    Section 2-205. Disclosure of information to public. The
following information is subject to disclosure to the public
from the Department or the Department of Healthcare and Family
Services:
        (1) Information submitted under Sections 3-103 and
    3-207 except information concerning the remuneration of
    personnel licensed, registered, or certified by the
    Department of Financial and Professional Regulation (as
    successor to the Department of Professional Regulation)
    and monthly charges for an individual private resident;
        (2) Records of license and certification inspections,
    surveys, and evaluations of facilities, other reports of
    inspections, surveys, and evaluations of resident care,
    whether a facility is designated a distressed facility and
    the basis for the designation, and reports concerning a
    facility prepared pursuant to Titles XVIII and XIX of the
    Social Security Act, subject to the provisions of the
    Social Security Act;
        (3) Cost and reimbursement reports submitted by a
    facility under Section 3-208, reports of audits of
    facilities, and other public records concerning costs
    incurred by, revenues received by, and reimbursement of
    facilities; and
        (4) Complaints filed against a facility and complaint
    investigation reports, except that a complaint or
    complaint investigation report shall not be disclosed to a
    person other than the complainant or complainant's
    representative before it is disclosed to a facility under
    Section 3-702, and, further, except that a complainant or
    resident's name shall not be disclosed except under Section
    3-702. The Department shall disclose information under
    this Section in accordance with provisions for inspection
    and copying of public records required by the Freedom of
    Information Act. However, the disclosure of information
    described in subsection (1) shall not be restricted by any
    provision of the Freedom of Information Act.
 
    Section 2-206. Confidentiality of records.
    (a) The Department shall respect the confidentiality of a
resident's record and shall not divulge or disclose the
contents of a record in a manner which identifies a resident,
except upon a resident's death to a relative or guardian, or
under judicial proceedings. This Section shall not be construed
to limit the right of a resident to inspect or copy the
resident's records.
    (b) Confidential medical, social, personal, or financial
information identifying a resident shall not be available for
public inspection in a manner which identifies a resident.
 
    Section 2-207. Directories for public health regions;
information concerning facility costs and policies.
    (a) Each year the Department shall publish a Directory for
each public health region listing facilities to be made
available to the public and be available at all Department
offices. The Department may charge a fee for the Directory. The
Directory shall contain, at a minimum, the following
information:
        (1) The name and address of the facility;
        (2) The number and type of licensed beds;
        (3) The name of the cooperating hospital, if any;
        (4) The name of the administrator;
        (5) The facility telephone number; and
        (6) Membership in a provider association and
    accreditation by any such organization.
    (b) Detailed information concerning basic costs for care
and operating policies shall be available to the public upon
request at each facility. However, a facility may refuse to
make available any proprietary operating policies to the extent
such facility reasonably believes such policies may be revealed
to a competitor.
 
    Section 2-208. Notice of imminent death, unusual incident,
abuse, or neglect.
    (a) A facility shall immediately notify the identified
resident's next of kin, guardian, resident's representative,
and physician of the resident's death or when the resident's
death appears to be imminent. A facility shall immediately
notify the Department by telephone of a resident's death within
24 hours after the resident's death. The facility shall notify
the Department of the death of a facility's resident that does
not occur in the facility immediately upon learning of the
death. A facility shall promptly notify the coroner or medical
examiner of a resident's death in a manner and form to be
determined by the Department after consultation with the
coroner or medical examiner of the county in which the facility
is located. In addition to notice to the Department by
telephone, the Department shall require the facility to submit
written notification of the death of a resident within 72 hours
after the death, including a report of any medication errors or
other incidents that occurred within 30 days of the resident's
death. A facility's failure to comply with this Section shall
constitute a Type "B" violation.
    (b) A facility shall immediately notify the resident's next
of kin, guardian, or resident representative of any unusual
incident, abuse, or neglect involving the resident. A facility
shall immediately notify the Department by telephone of any
unusual incident, abuse, or neglect required to be reported
pursuant to State law or administrative rule. In addition to
notice to the Department by telephone, the Department shall
require the facility to submit written notification of any
unusual incident, abuse, or neglect within one day after the
unusual incident, abuse, or neglect occurring. A facility's
failure to comply with this Section shall constitute a Type "B"
violation. For purposes of this Section, "unusual incident"
means serious injury; unscheduled hospital visit for treatment
of serious injury; 9-1-1 calls for emergency services directly
relating to a resident threat; or stalking of staff or person
served that raises health or safety concerns.
 
    Section 2-209. Number of residents. A facility shall admit
only that number of residents for which it is licensed.
 
    Section 2-210. Policies and procedures. A facility shall
establish written policies and procedures to implement the
responsibilities and rights provided in this Article. The
policies shall include the procedure for the investigation and
resolution of resident complaints as set forth under Section
3-702. The policies and procedures shall be clear and
unambiguous and shall be available for inspection by any
person. A summary of the policies and procedures, printed in
not less than 12-point type, shall be distributed to each
resident and representative.
 
    Section 2-211. Explanation of rights. Each resident and
resident's guardian or other person acting for the resident
shall be given a written explanation, prepared by the Office of
the State Long Term Care Ombudsman, of all the rights
enumerated in Part 1 of this Article and in Part 4 of Article
III. For residents of facilities participating in Title XVIII
or XIX of the Social Security Act, the explanation shall
include an explanation of residents' rights enumerated in that
Act. The explanation shall be given at the time of admission to
a facility or as soon thereafter as the condition of the
resident permits, but in no event later than 48 hours after
admission, and again at least annually thereafter. At the time
of the implementation of this Act each resident shall be given
a written summary of all the rights enumerated in Part 1 of
this Article.
    If a resident is unable to read such written explanation,
it shall be read to the resident in a language the resident
understands. In the case of a minor or a person having a
guardian or other person acting for him or her, both the
resident and the parent, guardian or other person acting for
the resident shall be fully informed of these rights.
 
    Section 2-212. Staff familiarity with rights and
responsibilities. The facility shall ensure that its staff is
familiar with and observes the rights and responsibilities
enumerated in this Article.
 
    Section 2-213. Vaccinations.
    (a) A facility shall annually administer or arrange for
administration of a vaccination against influenza to each
resident, in accordance with the recommendations of the
Advisory Committee on Immunization Practices of the Centers for
Disease Control and Prevention that are most recent to the time
of vaccination, unless the vaccination is medically
contraindicated or the resident has refused the vaccine.
Influenza vaccinations for all residents age 65 and over shall
be completed by November 30 of each year or as soon as
practicable if vaccine supplies are not available before
November 1. Residents admitted after November 30, during the
flu season, and until February 1 shall, as medically
appropriate, receive an influenza vaccination prior to or upon
admission or as soon as practicable if vaccine supplies are not
available at the time of the admission, unless the vaccine is
medically contraindicated or the resident has refused the
vaccine. In the event that the Advisory Committee on
Immunization Practices of the Centers for Disease Control and
Prevention determines that dates of administration other than
those stated in this Act are optimal to protect the health of
residents, the Department is authorized to develop rules to
mandate vaccinations at those times rather than the times
stated in this Act. A facility shall document in the resident's
medical record that an annual vaccination against influenza was
administered, arranged, refused or medically contraindicated.
    (b) A facility shall administer or arrange for
administration of a pneumococcal vaccination to each resident,
in accordance with the recommendations of the Advisory
Committee on Immunization Practices of the Centers for Disease
Control and Prevention, who has not received this immunization
prior to or upon admission to the facility, unless the resident
refuses the offer for vaccination or the vaccination is
medically contraindicated. A facility shall document in each
resident's medical record that a vaccination against
pneumococcal pneumonia was offered and administered, arranged,
refused, or medically contraindicated.
 
    Section 2-214. Consumer Choice Information Reports.
    (a) Every facility shall complete a Consumer Choice
Information Report and shall file it with the Office of State
Long Term Care Ombudsman electronically as prescribed by the
Office. The Report shall be filed annually and upon request of
the Office of State Long Term Care Ombudsman. The Consumer
Choice Information Report must be completed by the facility in
full.
    (b) A violation of any of the provisions of this Section
constitutes an unlawful practice under the Consumer Fraud and
Deceptive Business Practices Act. All remedies, penalties, and
authority granted to the Attorney General by the Consumer Fraud
and Deceptive Business Practices Act shall be available to him
or her for the enforcement of this Section.
    (c) The Department of Public Health shall include
verification of the submission of a facility's current Consumer
Choice Information Report when conducting an inspection
pursuant to Section 3-212.
 
    Section 2-216. Notification of identified offenders. If
identified offenders are residents of the licensed facility,
the licensed facility shall notify every resident or resident's
guardian in writing that such offenders are residents of the
licensed facility. The licensed facility shall also provide
notice to its employees and to visitors to the facility that
identified offenders are residents.
 
    Section 2-217. Notification of violations. When the
Department issues any notice pursuant to Section 3-119,
3-119.1, 3-301, 3-303, 3-307, or 3-702 of this Act or a notice
of federal Medicaid certification deficiencies, the facility
shall provide notification of the violations and deficiencies
within 10 days after receiving a notice described within this
Section to every resident and the resident's representative or
guardian identified or referred to anywhere within the
Department notice or the CMS 2567 as having received care or
services that violated State or federal standards. The
notification shall include a Department-prescribed
notification letter as determined by rule and a copy of the
notice and CMS 2567, if any, issued by the Department. A
facility's failure to provide notification pursuant to this
Section to a resident and the resident's representative or
guardian, if any, shall constitute a Type "B" violation.
 
    Section 2-218. Minimum staffing. Facility staffing shall
be based on all the needs of the residents and comply with
Department rules as set forth under Section 3-202 of this Act.
Facilities shall provide each resident, regardless of age, no
less than 4.0 hours of nursing and personal care time each day.
The Department shall establish by rule the amount of registered
or other licensed nurse and professional care time from the
total 4.0 nursing and personal care time that shall be provided
each day. A facility's failure to comply with this Section
shall constitute a Type "B" violation.
 
ARTICLE III. LICENSING, ENFORCEMENT, VIOLATIONS, PENALTIES,
AND REMEDIES

 
PART 1. LICENSING

 
    Section 3-101. Licensure system. The Department shall
establish a comprehensive system of licensure for facilities in
accordance with this Act for the purposes of:
        (1) Protecting the health, welfare, and safety of
    residents; and
        (2) Assuring the accountability for reimbursed care
    provided in certified facilities participating in a
    federal or State health program.
 
    Section 3-102. Necessity of license. No person may
establish, operate, maintain, offer or advertise a facility
within this State unless and until he or she obtains a valid
license therefore as hereinafter provided, which license
remains unsuspended, unrevoked and unexpired. No public
official or employee may place any person in, or recommend that
any person be placed in, or directly or indirectly cause any
person to be placed in any facility which is being operated
without a valid license.
 
    Section 3-102.1. Denial of Department access to facility.
If the Department is denied access to a facility or any other
place which it reasonably believes is required to be licensed
as a facility under this Act, it shall request intervention of
local, county or State law enforcement agencies to seek an
appropriate court order or warrant to examine or interview the
residents of such facility. Any person or entity preventing the
Department from carrying out its duties under this Section
shall be guilty of a violation of this Act and shall be subject
to such penalties related thereto.
 
    Section 3-103. Application for license; financial
statement. The procedure for obtaining a valid license shall be
as follows:
        (1) Application to operate a facility shall be made to
    the Department on forms furnished by the Department.
        (2) All license applications shall be accompanied with
    an application fee. The fee for an annual license shall be
    $995. Facilities that pay a fee or assessment pursuant to
    Article V-C of the Illinois Public Aid Code shall be exempt
    from the license fee imposed under this item (2). The fee
    for a 2-year license shall be double the fee for the annual
    license set forth in the preceding sentence. The fees
    collected shall be deposited with the State Treasurer into
    the Long Term Care Monitor/Receiver Fund, which has been
    created as a special fund in the State treasury. This
    special fund is to be used by the Department for expenses
    related to the appointment of monitors and receivers as
    contained in Sections 3-501 through 3-517. At the end of
    each fiscal year, any funds in excess of $1,000,000 held in
    the Long Term Care Monitor/Receiver Fund shall be deposited
    in the State's General Revenue Fund. The application shall
    be under oath and the submission of false or misleading
    information shall be a Class A misdemeanor. The application
    shall contain the following information:
            (a) The name and address of the applicant if an
        individual, and if a firm, partnership, or
        association, of every member thereof, and in the case
        of a corporation, the name and address thereof and of
        its officers and its registered agent, and in the case
        of a unit of local government, the name and address of
        its chief executive officer;
            (b) The name and location of the facility for which
        a license is sought;
            (c) The name of the person or persons under whose
        management or supervision the facility will be
        conducted;
            (d) The number and type of residents for which
        maintenance, personal care, or nursing is to be
        provided; and
            (e) Such information relating to the number,
        experience, and training of the employees of the
        facility, any management agreements for the operation
        of the facility, and of the moral character of the
        applicant and employees as the Department may deem
        necessary.
        (3) Each initial application shall be accompanied by a
    financial statement setting forth the financial condition
    of the applicant and by a statement from the unit of local
    government having zoning jurisdiction over the facility's
    location stating that the location of the facility is not
    in violation of a zoning ordinance. An initial application
    for a new facility shall be accompanied by a permit as
    required by the Illinois Health Facilities Planning Act.
    After the application is approved, the applicant shall
    advise the Department every 6 months of any changes in the
    information originally provided in the application.
        (4) Other information necessary to determine the
    identity and qualifications of an applicant to operate a
    facility in accordance with this Act shall be included in
    the application as required by the Department in
    regulations.
 
    Section 3-104. Licensing and regulation by municipality.
Any city, village or incorporated town may by ordinance provide
for the licensing and regulation of a facility or any
classification of such facility, as defined herein, within such
municipality, provided that the ordinance requires compliance
with at least the minimum requirements established by the
Department under this Act. The licensing and enforcement
provisions of the municipality shall fully comply with this
Act, and the municipality shall make available information as
required by this Act. Such compliance shall be determined by
the Department subject to review as provided in Section 3-703.
Section 3-703 shall also be applicable to the judicial review
of final administrative decisions of the municipality under
this Act.
 
    Section 3-105. Reports by municipality. Any city, village
or incorporated town which has or may have ordinances requiring
the licensing and regulation of facilities with at least the
minimum standards established by the Department under this Act,
shall make such periodic reports to the Department as the
Department deems necessary. This report shall include a list of
those facilities licensed by such municipality, the number of
beds of each facility and the date the license of each facility
is effective.
 
    Section 3-106. Issuance of license to holder of municipal
license.
    (a) Upon receipt of notice and proof from an applicant or
licensee that he has received a license or renewal thereof from
a city, village or incorporated town, accompanied by the
required license or renewal fees, the Department shall issue a
license or renewal license to such person. The Department shall
not issue a license hereunder to any person who has failed to
qualify for a municipal license. If the issuance of a license
by the Department antedates regulatory action by a
municipality, the municipality shall issue a local license
unless the standards and requirements under its ordinance or
resolution are greater than those prescribed under this Act.
    (b) In the event that the standards and requirements under
the ordinance or resolution of the municipality are greater
than those prescribed under this Act, the license issued by the
Department shall remain in effect pending reasonable
opportunity provided by the municipality, which shall be not
less than 60 days, for the licensee to comply with the local
requirements. Upon notice by the municipality, or upon the
Department's own determination that the licensee has failed to
qualify for a local license, the Department shall revoke such
license.
 
    Section 3-107. Inspection; fees. The Department and the
city, village or incorporated town shall have the right at any
time to visit and inspect the premises and personnel of any
facility for the purpose of determining whether the applicant
or licensee is in compliance with this Act or with the local
ordinances which govern the regulation of the facility. The
Department may survey any former facility which once held a
license to ensure that the facility is not again operating
without a license. Municipalities may charge a reasonable
license or renewal fee for the regulation of facilities, which
fees shall be in addition to the fees paid to the Department.
 
    Section 3-107.1. Access by law enforcement officials and
agencies. Notwithstanding any other provision of this Act, the
Attorney General, the State's Attorneys and various law
enforcement agencies of this State and its political
subdivisions shall have full and open access to any facility
pursuant to Article 108 of the Code of Criminal Procedure of
1963 in the exercise of their investigatory and prosecutorial
powers in the enforcement of the criminal laws of this State.
Furthermore, the Attorney General, the State's Attorneys and
law enforcement agencies of this State shall inform the
Department of any violations of this Act of which they have
knowledge. Disclosure of matters before a grand jury shall be
made in accordance with Section 112-6 of the Code of Criminal
Procedure of 1963.
 
    Section 3-108. Cooperation with State agencies. The
Department shall coordinate the functions within State
government affecting facilities licensed under this Act and
shall cooperate with other State agencies which establish
standards or requirements for facilities to assure necessary,
equitable, and consistent State supervision of licensees
without unnecessary duplication of survey, evaluation, and
consultation services or complaint investigations. The
Department shall cooperate with the Department of Human
Services in regard to facilities containing more than 20% of
residents for whom the Department of Human Services has
mandated follow up responsibilities under the Mental Health and
Developmental Disabilities Administrative Act. The Department
shall cooperate with the Department of Healthcare and Family
Services in regard to facilities where recipients of public aid
are residents. The Department shall immediately refer to the
Department of Financial and Professional Regulation (as
successor to the Department of Professional Regulation) for
investigation any credible evidence of which it has knowledge
that an individual licensed by that Department has violated
this Act or any rule issued under this Act. The Department
shall enter into agreements with other State Departments,
agencies or commissions to effectuate the purpose of this
Section.
 
    Section 3-109. Issuance of license based on Director's
findings. Upon receipt and review of an application for a
license made under this Article and inspection of the applicant
facility under this Article, the Director shall issue a license
if he or she finds:
        (1) That the individual applicant, or the corporation,
    partnership or other entity if the applicant is not an
    individual, is a person responsible and suitable to operate
    or to direct or participate in the operation of a facility
    by virtue of financial capacity, appropriate business or
    professional experience, a record of compliance with
    lawful orders of the Department and lack of revocation of a
    license during the previous 5 years and is not the owner of
    a facility designated pursuant to Section 3-304.2 as a
    distressed facility;
        (2) That the facility is under the supervision of an
    administrator who is licensed, if required, under the
    Nursing Home Administrators Licensing and Disciplinary
    Act, as now or hereafter amended; and
        (3) That the facility is in substantial compliance with
    this Act, and such other requirements for a license as the
    Department by rule may establish under this Act.
 
    Section 3-110. Contents and period of license.
    (a) Any license granted by the Director shall state the
maximum bed capacity for which it is granted, the date the
license was issued, and the expiration date. Except as provided
in subsection (b), such licenses shall normally be issued for a
period of one year. However, the Director may issue licenses or
renewals for periods of not less than 6 months nor more than 18
months for facilities with annual licenses and not less than 18
months nor more than 30 months for facilities with 2-year
licenses in order to distribute the expiration dates of such
licenses throughout the calendar year, and fees for such
licenses shall be prorated on the basis of the portion of a
year for which they are issued. Each license shall be issued
only for the premises and persons named in the application and
shall not be transferable or assignable.
    The Department shall require the licensee to comply with
the requirements of a court order issued under Section 3-515,
as a condition of licensing.
    (b) A license for a period of 2 years shall be issued to a
facility if the facility:
        (1) has not received a Type "AA" violation within the
    last 12 months;
        (1.5) has not received a Type "A" violation within the
    last 24 months;
        (2) has not received a Type "B" violation within the
    last 24 months;
        (3) has not had an inspection, survey, or evaluation
    that resulted in the issuance of 10 or more administrative
    warnings in the last 24 months;
        (4) has not had an inspection, survey, or evaluation
    that resulted in an administrative warning issued for a
    violation of Sections 3-401 through 3-413 in the last 24
    months;
        (5) has not been issued an order to reimburse a
    resident for a violation of Article II under subsection (6)
    of Section 3-305 in the last 24 months; and
        (6) has not been subject to sanctions or
    decertification for violations in relation to patient care
    of a facility under Titles XVIII and XIX of the federal
    Social Security Act within the last 24 months.
    If a facility with a 2-year license fails to meet the
conditions in items (1) through (6) of this subsection, in
addition to any other sanctions that may be applied by the
Department under this Act, the facility's 2-year license shall
be replaced by a one year license until such time as the
facility again meets the conditions in items (1) through (6) of
this subsection.
 
    Section 3-111. Issuance or renewal of license after notice
of violation. The issuance or renewal of a license after notice
of a violation has been sent shall not constitute a waiver by
the Department of its power to rely on the violation as the
basis for subsequent license revocation or other enforcement
action under this Act arising out of the notice of violation.
 
    Section 3-112. Transfer of ownership; license.
    (a) Whenever ownership of a facility is transferred from
the person named in the license to any other person, the
transferee must obtain a new probationary license. The
transferee shall notify the Department of the transfer and
apply for a new license at least 30 days prior to final
transfer. The Department may not approve the transfer of
ownership to an owner of a facility designated pursuant to
Section 3-304.2 of this Act as a distressed facility.
    (b) The transferor shall notify the Department at least 30
days prior to final transfer. The transferor shall remain
responsible for the operation of the facility until such time
as a license is issued to the transferee.
 
    Section 3-113. Transferee; conditional license. The
license granted to the transferee shall be subject to the plan
of correction submitted by the previous owner and approved by
the Department and any conditions contained in a conditional
license issued to the previous owner. If there are outstanding
violations and no approved plan of correction has been
implemented, the Department may issue a conditional license and
plan of correction as provided in Sections 3-311 through 3-317.
 
    Section 3-114. Transferor liable for penalties. The
transferor shall remain liable for all penalties assessed
against the facility which are imposed for violations occurring
prior to transfer of ownership.
 
    Section 3-115. License renewal application. At least 120
days but not more than 150 days prior to license expiration,
the licensee shall submit an application for renewal of the
license in such form and containing such information as the
Department requires. If the application is approved, the
license shall be renewed in accordance with Section 3-110. The
renewal application for a facility shall not be approved unless
the applicant has provided to the Department an accurate
disclosure document in accordance with the Alzheimer's Disease
and Related Dementias Special Care Disclosure Act. If
application for renewal is not timely filed, the Department
shall so inform the licensee.
 
    Section 3-116. Probationary license. If the applicant has
not been previously licensed or if the facility is not in
operation at the time application is made, the Department shall
issue only a probationary license. A probationary license shall
be valid for 120 days unless sooner suspended or revoked under
Section 3-119. Within 30 days prior to the termination of a
probationary license, the Department shall fully and
completely inspect the facility and, if the facility meets the
applicable requirements for licensure, shall issue a license
under Section 3-109. If the Department finds that the facility
does not meet the requirements for licensure but has made
substantial progress toward meeting those requirements, the
license may be renewed once for a period not to exceed 120 days
from the expiration date of the initial probationary license.
 
    Section 3-117. Denial of license; grounds. An application
for a license may be denied for any of the following reasons:
        (1) Failure to meet any of the minimum standards set
    forth by this Act or by rules and regulations promulgated
    by the Department under this Act.
        (2) Conviction of the applicant, or if the applicant is
    a firm, partnership or association, of any of its members,
    or if a corporation, the conviction of the corporation or
    any of its officers or stockholders, or of the person
    designated to manage or supervise the facility, of a
    felony, or of 2 or more misdemeanors involving moral
    turpitude, during the previous 5 years as shown by a
    certified copy of the record of the court of conviction.
        (3) Personnel insufficient in number or unqualified by
    training or experience to properly care for the proposed
    number and type of residents.
        (4) Insufficient financial or other resources to
    operate and conduct the facility in accordance with
    standards promulgated by the Department under this Act.
        (5) Revocation of a facility license during the
    previous 5 years, if such prior license was issued to the
    individual applicant, a controlling owner or controlling
    combination of owners of the applicant; or any affiliate of
    the individual applicant or controlling owner of the
    applicant and such individual applicant, controlling owner
    of the applicant or affiliate of the applicant was a
    controlling owner of the prior license; provided, however,
    that the denial of an application for a license pursuant to
    this subsection must be supported by evidence that such
    prior revocation renders the applicant unqualified or
    incapable of meeting or maintaining a facility in
    accordance with the standards and rules promulgated by the
    Department under this Act.
        (6) That the facility is not under the direct
    supervision of a full time administrator, as defined by
    regulation, who is licensed, if required, under the Nursing
    Home Administrators Licensing and Disciplinary Act.
        (7) That the facility is in receivership and the
    proposed licensee has not submitted a specific detailed
    plan to bring the facility into compliance with the
    requirements of this Act and with federal certification
    requirements, if the facility is certified, and to keep the
    facility in such compliance.
        (8) The applicant is the owner of a facility designated
    pursuant to Section 3-304.2 of this Act as a distressed
    facility.
 
    Section 3-118. Notice of denial; request for hearing.
Immediately upon the denial of any application or reapplication
for a license under this Article, the Department shall notify
the applicant in writing. Notice of denial shall include a
clear and concise statement of the violations of Section 3-117
on which denial is based and notice of the opportunity for a
hearing under Section 3-703. If the applicant desires to
contest the denial of a license, it shall provide written
notice to the Department of a request for a hearing within 10
days after receipt of the notice of denial. The Department
shall commence the hearing under Section 3-703.
 
    Section 3-119. Suspension, revocation, or refusal to renew
license.    
    (a) The Department, after notice to the applicant or
licensee, may suspend, revoke or refuse to renew a license in
any case in which the Department finds any of the following:
        (1) There has been a substantial failure to comply with
    this Act or the rules and regulations promulgated by the
    Department under this Act. A substantial failure by a
    facility shall include, but not be limited to, any of the
    following:
            (A) termination of Medicare or Medicaid
        certification by the Centers for Medicare and Medicaid
        Services; or
            (B) a failure by the facility to pay any fine
        assessed under this Act after the Department has sent
        to the facility and licensee at least 2 notices of
        assessment that include a schedule of payments as
        determined by the Department, taking into account
        extenuating circumstances and financial hardships of
        the facility.
        (2) Conviction of the licensee, or of the person
    designated to manage or supervise the facility, of a
    felony, or of 2 or more misdemeanors involving moral
    turpitude, during the previous 5 years as shown by a
    certified copy of the record of the court of conviction.
        (3) Personnel is insufficient in number or unqualified
    by training or experience to properly care for the number
    and type of residents served by the facility.
        (4) Financial or other resources are insufficient to
    conduct and operate the facility in accordance with
    standards promulgated by the Department under this Act.
        (5) The facility is not under the direct supervision of
    a full time administrator, as defined by regulation, who is
    licensed, if required, under the Nursing Home
    Administrators Licensing and Disciplinary Act.
        (6) The facility has committed 2 Type "AA" violations
    within a 2-year period.
        (7) The facility has committed a Type "AA" violation
    while the facility is listed as a "distressed facility".
    (b) Notice under this Section shall include a clear and
concise statement of the violations on which the nonrenewal or
revocation is based, the statute or rule violated and notice of
the opportunity for a hearing under Section 3-703.
    (c) If a facility desires to contest the nonrenewal or
revocation of a license, the facility shall, within 10 days
after receipt of notice under subsection (b) of this Section,
notify the Department in writing of its request for a hearing
under Section 3-703. Upon receipt of the request the Department
shall send notice to the facility and hold a hearing as
provided under Section 3-703.
    (d) The effective date of nonrenewal or revocation of a
license by the Department shall be any of the following:
        (1) Until otherwise ordered by the circuit court,
    revocation is effective on the date set by the Department
    in the notice of revocation, or upon final action after
    hearing under Section 3-703, whichever is later.
        (2) Until otherwise ordered by the circuit court,
    nonrenewal is effective on the date of expiration of any
    existing license, or upon final action after hearing under
    Section 3-703, whichever is later; however, a license shall
    not be deemed to have expired if the Department fails to
    timely respond to a timely request for renewal under this
    Act or for a hearing to contest nonrenewal under paragraph
    (c).
        (3) The Department may extend the effective date of
    license revocation or expiration in any case in order to
    permit orderly removal and relocation of residents.
    The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Illinois Department of Revenue,
until such time as the requirements of any such tax Act are
satisfied.
 
    Section 3-119.1. Ban on new admissions.
    (a) Upon a finding by the Department that there has been a
substantial failure to comply with this Act or the rules and
regulations promulgated by the Department under this Act,
including, without limitation, the circumstances set forth in
subsection (a) of Section 3-119 of this Act, or if the
Department otherwise finds that it would be in the public
interest or the interest of the health, safety, and welfare of
facility residents, the Department may impose a ban on new
admissions to any facility licensed under this Act. The ban
shall continue until such time as the Department determines
that the circumstances giving rise to the ban no longer exist.
    (b) The Department shall provide notice to the facility and
licensee of any ban imposed pursuant to subsection (a) of this
Section. The notice shall provide a clear and concise statement
of the circumstances on which the ban on new admissions is
based and notice of the opportunity for a hearing. If the
Department finds that the public interest or the health,
safety, or welfare of facility residents imperatively requires
immediate action and if the Department incorporates a finding
to that effect in its notice, then the ban on new admissions
may be ordered pending any hearing requested by the facility.
Those proceedings shall be promptly instituted and determined.
The Department shall promulgate rules defining the
circumstances under which a ban on new admissions may be
imposed.
 
PART 2. GENERAL PROVISIONS

 
    Section 3-201. Medical treatment; no prescription by
Department. The Department shall not prescribe the course of
medical treatment provided to an individual resident by the
resident's physician in a facility.
 
    Section 3-202. Standards for facilities. The Department
shall prescribe minimum standards for facilities. These
standards shall regulate:
        (1) Location and construction of the facility,
    including plumbing, heating, lighting, ventilation, and
    other physical conditions which shall ensure the health,
    safety, and comfort of residents and their protection from
    fire hazard;
        (2) To the extent this Act has not established minimum
    staffing requirements within this Act, the numbers and
    qualifications of all personnel, including management and
    nursing personnel, having responsibility for any part of
    the care given to residents; specifically, the Department
    shall establish staffing ratios for facilities which shall
    specify the number of staff hours per resident of care that
    are needed for professional nursing care for various types
    of facilities or areas within facilities;
        (3) All sanitary conditions within the facility and its
    surroundings, including water supply, sewage disposal,
    food handling, and general hygiene, which shall ensure the
    health and comfort of residents;
        (4) Diet related to the needs of each resident based on
    good nutritional practice and on recommendations which may
    be made by the physicians attending the resident;
        (5) Equipment essential to the health and welfare of
    the residents;
        (6) A program of habilitation and rehabilitation for
    those residents who would benefit from such programs;
        (7) A program for adequate maintenance of physical
    plant and equipment;
        (8) Adequate accommodations, staff and services for
    the number and types of residents for whom the facility is
    licensed to care, including standards for temperature and
    relative humidity within comfort zones determined by the
    Department based upon a combination of air temperature,
    relative humidity and air movement. Such standards shall
    also require facility plans that provide for health and
    comfort of residents at medical risk as determined by the
    attending physician whenever the temperature and relative
    humidity are outside such comfort zones established by the
    Department. The standards must include a requirement that
    areas of a facility used by residents of the facility be
    air-conditioned and heated by means of operable
    air-conditioning and heating equipment. The areas subject
    to this air-conditioning and heating requirement include,
    without limitation, bedrooms or common areas such as
    sitting rooms, activity rooms, living rooms, community
    rooms, and dining rooms;
        (9) Development of evacuation and other appropriate
    safety plans for use during weather, health, fire, physical
    plant, environmental and national defense emergencies; and
        (10) Maintenance of minimum financial or other
    resources necessary to meet the standards established
    under this Section, and to operate and conduct the facility
    in accordance with this Act.
 
    Section 3-202.1. Weather or hazard alert system. The
Department shall develop and implement a system of alerting and
educating facilities and their personnel as to the existence or
possibility of weather or other hazardous circumstances which
may endanger resident health or safety and designating any
precautions to prevent or minimize such danger. The Department
may assist any facility experiencing difficulty in dealing with
such emergencies. The Department may provide for announcement
to the public of the dangers posed to facility residents by
such existing or potential weather or hazardous circumstances.
 
    Section 3-202.2a. Comprehensive resident care plan. A
facility, with the participation of the resident and the
resident's guardian or resident's representative, as
applicable, must develop and implement a comprehensive care
plan for each resident that includes measurable objectives and
timetables to meet the resident's medical, nursing, mental
health, psychosocial, and habilitation needs that are
identified in the resident's comprehensive assessment that
allows the resident to attain or maintain the highest
practicable level of independent functioning and provide for
discharge planning to the least restrictive setting based on
the resident's care needs. The assessment shall be developed
with the active participation of the resident and the
resident's guardian or resident's representative, as
applicable.
 
    Section 3-202.3. Identified offenders as residents. No
later than 30 days after the effective date of this Act, the
Department shall file with the Illinois Secretary of State's
Office, pursuant to the Illinois Administrative Procedure Act,
emergency rules regarding the provision of services to
identified offenders. The emergency rules shall provide for, or
include, but not be limited to the following:
        (1) A process for the identification of identified
    offenders.
        (2) A required risk assessment of identified
    offenders.
        (3) A requirement that a licensed facility be required,
    within 10 days of the filing of the emergency rules, to
    compare its residents against the Illinois Department of
    Corrections and Illinois State Police registered sex
    offender databases.
        (4) A requirement that the licensed facility notify the
    Department within 48 hours of determining that a resident
    or residents of the licensed facility are listed on the
    Illinois Department of Corrections or Illinois State
    Police registered sex offender databases.
        (5) The care planning of identified offenders, which
    shall include, but not be limited to, a description of the
    security measures necessary to protect facility residents
    from the identified offender, including whether the
    identified offender should be segregated from other
    facility residents.
        (6) For offenders serving terms of probation for felony
    offenses, parole, or mandatory supervised release, the
    facility shall acknowledge the terms of release as imposed
    by the court or Illinois Prisoner Review Board.
        (7) The discharge planning for identified offenders.
 
    Section 3-202.4. Feasibility of segregating identified
offenders. The Department shall determine the feasibility of
requiring identified offenders that seek admission to a
licensed facility to be segregated from other residents.
 
    Section 3-202.5. Facility plan review; fees.
    (a) Before commencing construction of a new facility or
specified types of alteration or additions to an existing
facility involving major construction, as defined by rule by
the Department, with an estimated cost greater than $100,000,
architectural drawings and specifications for the facility
shall be submitted to the Department for review and approval. A
facility may submit architectural drawings and specifications
for other construction projects for Department review
according to subsection (b) that shall not be subject to fees
under subsection (d). Review of drawings and specifications
shall be conducted by an employee of the Department meeting the
qualifications established by the Department of Central
Management Services class specifications for such an
individual's position or by a person contracting with the
Department who meets those class specifications. Final
approval of the drawings and specifications for compliance with
design and construction standards shall be obtained from the
Department before the alteration, addition, or new
construction is begun.
    (b) The Department shall inform an applicant in writing
within 10 working days after receiving drawings and
specifications and the required fee, if any, from the applicant
whether the applicant's submission is complete or incomplete.
Failure to provide the applicant with this notice within 10
working days shall result in the submission being deemed
complete for purposes of initiating the 60 day review period
under this Section. If the submission is incomplete, the
Department shall inform the applicant of the deficiencies with
the submission in writing. If the submission is complete the
required fee, if any, has been paid, the Department shall
approve or disapprove drawings and specifications submitted to
the Department no later than 60 days following receipt by the
Department. The drawings and specifications shall be of
sufficient detail, as provided by Department rule, to enable
the Department to render a determination of compliance with
design and construction standards under this Act. If the
Department finds that the drawings are not of sufficient detail
for it to render a determination of compliance, the plans shall
be determined to be incomplete and shall not be considered for
purposes of initiating the 60 day review period. If a
submission of drawings and specifications is incomplete, the
applicant may submit additional information. The 60 day review
period shall not commence until the Department determines that
a submission of drawings and specifications is complete or the
submission is deemed complete. If the Department has not
approved or disapproved the drawings and specifications within
60 days, the construction, major alteration, or addition shall
be deemed approved. If the drawings and specifications are
disapproved, the Department shall state in writing, with
specificity, the reasons for the disapproval. The entity
submitting the drawings and specifications may submit
additional information in response to the written comments from
the Department or request a reconsideration of the disapproval.
A final decision of approval or disapproval shall be made
within 45 days of the receipt of the additional information or
reconsideration request. If denied, the Department shall state
the specific reasons for the denial.
    (c) The Department shall provide written approval for
occupancy pursuant to subsection (g) and shall not issue a
violation to a facility as a result of a licensure or complaint
survey based upon the facility's physical structure if:
        (1) the Department reviewed and approved or deemed
    approved the drawings and specifications for compliance
    with design and construction standards;
        (2) the construction, major alteration, or addition
    was built as submitted;
        (3) the law or rules have not been amended since the
    original approval; and
        (4) the conditions at the facility indicate that there
    is a reasonable degree of safety provided for the
    residents.
    (d) (Blank).
    (e) All fees received by the Department under this Section
shall be deposited into the Health Facility Plan Review Fund, a
special fund created in the State Treasury. Moneys shall be
appropriated from that Fund to the Department only to pay the
costs of conducting reviews under this Section, under Section
3-202.5 of the Nursing Home Care Act, or under Section 3-202.5
of the ID/DD Community Care Act. None of the moneys in the
Health Facility Plan Review Fund shall be used to reduce the
amount of General Revenue Fund moneys appropriated to the
Department for facility plan reviews conducted pursuant to this
Section.
    (f) (Blank).
    (g) The Department shall conduct an on site inspection of
the completed project no later than 30 days after notification
from the applicant that the project has been completed and all
certifications required by the Department have been received
and accepted by the Department. The Department shall provide
written approval for occupancy to the applicant within 5
working days of the Department's final inspection, provided the
applicant has demonstrated substantial compliance as defined
by Department rule. Occupancy of new major construction is
prohibited until Department approval is received, unless the
Department has not acted within the time frames provided in
this subsection (g), in which case the construction shall be
deemed approved. Occupancy shall be authorized after any
required health inspection by the Department has been
conducted.
    (h) The Department shall establish, by rule, a procedure to
conduct interim on site review of large or complex construction
projects.
    (i) The Department shall establish, by rule, an expedited
process for emergency repairs or replacement of like equipment.
    (j) Nothing in this Section shall be construed to apply to
maintenance, upkeep, or renovation that does not affect the
structural integrity of the building, does not add beds or
services over the number for which the facility is licensed,
and provides a reasonable degree of safety for the residents.
 
    Section 3-203. Standards for persons with developmental
disability or emotional or behavioral disorder. In licensing
any facility for persons with a developmental disability or
persons suffering from emotional or behavioral disorders, the
Department shall consult with the Department of Human Services
in developing minimum standards for such persons.
 
    Section 3-204. License classifications. In addition to the
authority to prescribe minimum standards, the Department may
adopt license classifications of facilities according to the
levels of service, and if license classification is adopted the
applicable minimum standards shall define the classification.
In adopting classification of the license of facilities, the
Department may give recognition to the classification of
services defined or prescribed by federal statute or federal
rule or regulation. More than one classification of the license
may be issued to the same facility when the prescribed minimum
standards and regulations are met.
 
    Section 3-205. Municipalities; license classifications.
Where licensing responsibilities are performed by a city,
village or incorporated town, the municipality shall use the
same classifications as the Department; and a facility may not
be licensed for a different classification by the Department
than by the municipality.
 
    Section 3-206. Curriculum for training nursing assistants
and aides. The Department shall prescribe a curriculum for
training nursing assistants, habilitation aides, and child
care aides.
    (a) No person, except a volunteer who receives no
compensation from a facility and is not included for the
purpose of meeting any staffing requirements set forth by the
Department, shall act as a nursing assistant, habilitation
aide, or child care aide in a facility, nor shall any person,
under any other title, not licensed, certified, or registered
to render medical care by the Department of Financial and
Professional Regulation, assist with the personal, medical, or
nursing care of residents in a facility, unless such person
meets the following requirements:
        (1) Be at least 16 years of age, of temperate habits
    and good moral character, honest, reliable and
    trustworthy.
        (2) Be able to speak and understand the English
    language or a language understood by a substantial
    percentage of the facility's residents.
        (3) Provide evidence of employment or occupation, if
    any, and residence for 2 years prior to his or her present
    employment.
        (4) Have completed at least 8 years of grade school or
    provide proof of equivalent knowledge.
        (5) Begin a current course of training for nursing
    assistants, habilitation aides, or child care aides,
    approved by the Department, within 45 days of initial
    employment in the capacity of a nursing assistant,
    habilitation aide, or child care aide at any facility. Such
    courses of training shall be successfully completed within
    120 days of initial employment in the capacity of nursing
    assistant, habilitation aide, or child care aide at a
    facility. Nursing assistants, habilitation aides, and
    child care aides who are enrolled in approved courses in
    community colleges or other educational institutions on a
    term, semester or trimester basis, shall be exempt from the
    120-day completion time limit. The Department shall adopt
    rules for such courses of training. These rules shall
    include procedures for facilities to carry on an approved
    course of training within the facility.
        The Department may accept comparable training in lieu
    of the 120-hour course for student nurses, foreign nurses,
    military personnel, or employees of the Department of Human
    Services.
        The facility shall develop and implement procedures,
    which shall be approved by the Department, for an ongoing
    review process, which shall take place within the facility,
    for nursing assistants, habilitation aides, and child care
    aides.
        At the time of each regularly scheduled licensure
    survey, or at the time of a complaint investigation, the
    Department may require any nursing assistant, habilitation
    aide, or child care aide to demonstrate, either through
    written examination or action, or both, sufficient
    knowledge in all areas of required training. If such
    knowledge is inadequate the Department shall require the
    nursing assistant, habilitation aide, or child care aide to
    complete inservice training and review in the facility
    until the nursing assistant, habilitation aide, or child
    care aide demonstrates to the Department, either through
    written examination or action, or both, sufficient
    knowledge in all areas of required training; and
        (6) Be familiar with and have general skills related to
    resident care.
    (a-0.5) An educational entity, other than a secondary
school, conducting a nursing assistant, habilitation aide, or
child care aide training program shall initiate a criminal
history record check in accordance with the Health Care Worker
Background Check Act prior to entry of an individual into the
training program. A secondary school may initiate a criminal
history record check in accordance with the Health Care Worker
Background Check Act at any time during or after a training
program.
    (a-1) Nursing assistants, habilitation aides, or child
care aides seeking to be included on the registry maintained
under Section 3-206.01 of this Act must authorize the
Department of Public Health or its designee to request a
criminal history record check in accordance with the Health
Care Worker Background Check Act and submit all necessary
information. An individual may not newly be included on the
registry unless a criminal history record check has been
conducted with respect to the individual.
    (b) Persons subject to this Section shall perform their
duties under the supervision of a licensed nurse or other
appropriately trained, licensed, or certified personnel.
    (c) It is unlawful for any facility to employ any person in
the capacity of nursing assistant, habilitation aide, or child
care aide, or under any other title, not licensed by the State
of Illinois to assist in the personal, medical, or nursing care
of residents in such facility unless such person has complied
with this Section.
    (d) Proof of compliance by each employee with the
requirements set out in this Section shall be maintained for
each such employee by each facility in the individual personnel
folder of the employee. Proof of training shall be obtained
only from the health care worker registry.
    (e) Each facility shall obtain access to the health care
worker registry's web application, maintain the employment and
demographic information relating to each employee, and verify
by the category and type of employment that each employee
subject to this Section meets all the requirements of this
Section.
    (f) Any facility that is operated under Section 3-803 shall
be exempt from the requirements of this Section.
    (g) Each skilled nursing and intermediate care facility
that admits persons who are diagnosed as having Alzheimer's
disease or related dementias shall require all nursing
assistants, habilitation aides, or child care aides, who did
not receive 12 hours of training in the care and treatment of
such residents during the training required under paragraph (5)
of subsection (a), to obtain 12 hours of in house training in
the care and treatment of such residents. If the facility does
not provide the training in house, the training shall be
obtained from other facilities, community colleges or other
educational institutions that have a recognized course for such
training. The Department shall, by rule, establish a recognized
course for such training.
    The Department's rules shall provide that such training may
be conducted in house at each facility subject to the
requirements of this subsection, in which case such training
shall be monitored by the Department. The Department's rules
shall also provide for circumstances and procedures whereby any
person who has received training that meets the requirements of
this subsection shall not be required to undergo additional
training if he or she is transferred to or obtains employment
at a different facility or a facility other than those licensed
under this Act but remains continuously employed as a nursing
assistant, habilitation aide, or child care aide. Individuals
who have performed no nursing, nursing-related services, or
habilitation services for a period of 24 consecutive months
shall be listed as inactive and as such do not meet the
requirements of this Section. Licensed sheltered care
facilities shall be exempt from the requirements of this
Section.
 
    Section 3-206.01. Health care worker registry.
    (a) The Department shall establish and maintain a registry
of all individuals who (i) have satisfactorily completed the
training required by Section 3-206, (ii) have begun a current
course of training as set forth in Section 3-206, or (iii) are
otherwise acting as a nursing assistant, habilitation aide,
home health aide, or child care aide. The registry shall
include the individual's name, his or her current address,
Social Security number, and whether the individual has any of
the disqualifying convictions listed in Section 25 of the
Health Care Worker Background Check Act from the date and
location of the training course completed by the individual,
and the date of the individual's last criminal records check.
Any individual placed on the registry is required to inform the
Department of any change of address within 30 days. A facility
shall not employ an individual as a nursing assistant,
habilitation aide, home health aide, or child care aide, or
newly hired as an individual who may have access to a resident,
a resident's living quarters, or a resident's personal,
financial, or medical records, unless the facility has inquired
of the Department's health care worker registry as to
information in the registry concerning the individual. The
facility shall not employ an individual as a nursing assistant,
habilitation aide, or child care aide if that individual is not
on the registry unless the individual is enrolled in a training
program under paragraph (5) of subsection (a) of Section 3-206
of this Act.
    If the Department finds that a nursing assistant,
habilitation aide, home health aide, child care aide, or an
unlicensed individual, has abused or neglected a resident or an
individual under his or her care, or misappropriated property
of a resident or an individual under his or her care in a
facility, the Department shall notify the individual of this
finding by certified mail sent to the address contained in the
registry. The notice shall give the individual an opportunity
to contest the finding in a hearing before the Department or to
submit a written response to the findings in lieu of requesting
a hearing. If, after a hearing or if the individual does not
request a hearing, the Department finds that the individual
abused a resident, neglected a resident, or misappropriated
resident property in a facility, the finding shall be included
as part of the registry as well as a clear and accurate summary
statement from the individual, if he or she chooses to make
such a statement. The Department shall make the following
information in the registry available to the public: an
individual's full name; the date an individual successfully
completed a nurse aide training or competency evaluation; and
whether the Department has made a finding that an individual
has been guilty of abuse or neglect of a resident or
misappropriation of resident's property. In the case of
inquiries to the registry concerning an individual listed in
the registry, any information disclosed concerning such a
finding shall also include disclosure of the individual's
statement in the registry relating to the finding or a clear
and accurate summary of the statement.
    (b) The Department shall add to the health care worker
registry records of findings as reported by the Inspector
General or remove from the health care worker registry records
of findings as reported by the Department of Human Services,
under subsection (s) of Section 1-17 of the Department of Human
Services Act.
 
    Section 3-206.02. Designation on registry for offense.
    (a) The Department, after notice to the nursing assistant,
habilitation aide, home health aide, or child care aide, may
designate that the Department has found any of the following:
        (1) The nursing assistant, habilitation aide, home
    health aide, or child care aide has abused a resident.
        (2) The nursing assistant, habilitation aide, home
    health aide, or child care aide has neglected a resident.
        (3) The nursing assistant, habilitation aide, home
    health aide, or child care aide has misappropriated
    resident property.
        (4) The nursing assistant, habilitation aide, home
    health aide, or child care aide has been convicted of (i) a
    felony, (ii) a misdemeanor, an essential element of which
    is dishonesty, or (iii) any crime that is directly related
    to the duties of a nursing assistant, habilitation aide, or
    child care aide.
    (b) Notice under this Section shall include a clear and
concise statement of the grounds denoting abuse, neglect, or
theft and notice of the opportunity for a hearing to contest
the designation.
    (c) The Department may designate any nursing assistant,
habilitation aide, home health aide, or child care aide on the
registry who fails (i) to file a return, (ii) to pay the tax,
penalty or interest shown in a filed return, or (iii) to pay
any final assessment of tax, penalty or interest, as required
by any tax Act administered by the Illinois Department of
Revenue, until the time the requirements of the tax Act are
satisfied.
    (c-1) The Department shall document criminal background
check results pursuant to the requirements of the Health Care
Worker Background Check Act.
    (d) At any time after the designation on the registry
pursuant to subsection (a), (b), or (c) of this Section, a
nursing assistant, habilitation aide, home health aide, or
child care aide may petition the Department for removal of a
designation of neglect on the registry. The Department may
remove the designation of neglect of the nursing assistant,
habilitation aide, home health aide, or child care aide on the
registry unless, after an investigation and a hearing, the
Department determines that removal of designation is not in the
public interest.
 
    Section 3-206.03. Resident attendants.
    (a) As used in this Section, "resident attendant" means an
individual who assists residents in a facility with the
following activities:
        (1) eating and drinking; and
        (2) personal hygiene limited to washing a resident's
    hands and face, brushing and combing a resident's hair,
    oral hygiene, shaving residents with an electric razor, and
    applying makeup.
    The term "resident attendant" does not include an
individual who:
        (1) is a licensed health professional or a registered
    dietitian;
        (2) volunteers without monetary compensation;
        (3) is a nurse assistant; or
        (4) performs any nursing or nursing related services
    for residents of a facility.
    (b) A facility may employ resident attendants to assist the
nurse aides with the activities authorized under subsection
(a). The resident attendants shall not count in the minimum
staffing requirements under rules implementing this Act.
    (c) A facility may not use on a full time or other paid
basis any individual as a resident attendant in the facility
unless the individual:
        (1) has completed a training and competency evaluation
    program encompassing the tasks the individual provides;
    and
        (2) is competent to provide feeding, hydration, and
    personal hygiene services.
    (d) The training and competency evaluation program may be
facility based. It may include one or more of the following
units:
        (1) A feeding unit that is a maximum of 5 hours in
    length.
        (2) A hydration unit that is a maximum of 3 hours in
    length.
        (3) A personal hygiene unit that is a maximum of 5
    hours in length. These programs must be reviewed and
    approved by the Department every 2 years.
    (e) (Blank).
    (f) A person seeking employment as a resident attendant is
subject to the Health Care Worker Background Check Act.
 
    Section 3-206.04. Transfer of ownership following
suspension or revocation; discussion with new owner. Whenever
ownership of a private facility is transferred to another
private owner following a final order for a suspension or
revocation of the facility's license, the Department shall
discuss with the new owner all noted problems associated with
the facility and shall determine what additional training, if
any, is needed for the direct care staff.
 
    Section 3-206.05. Registry checks for employees.
    (a) Within 60 days after the effective date of this Act,
the Department shall require all facilities to conduct required
registry checks on employees at the time of hire and annually
thereafter during employment. The required registries to be
checked are the Health Care Worker Registry, the Department of
Children and Family Services' State Central Register, and the
Illinois Sex Offender Registry. A person may not be employed if
he or she is found to have disqualifying convictions or
substantiated cases of abuse or neglect. At the time of the
annual registry checks, if a current employee's name has been
placed on a registry with disqualifying convictions or
disqualifying substantiated cases of abuse or neglect, then the
employee must be terminated. Disqualifying convictions or
disqualifying substantiated cases of abuse or neglect are
defined for the Department of Children and Family Services
Central Register by the Department of Children and Family
Services' standards for background checks in Part 385 of Title
89 of the Illinois Administrative Code. Disqualifying
convictions or disqualifying substantiated cases of abuse or
neglect are defined for the Health Care Worker Registry by the
Health Care Worker Background Check Act and within this Act. A
facility's failure to conduct the required registry checks will
constitute a Type "B" violation.
    (b) In collaboration with the Department of Children and
Family Services and the Department of Human Services, the
Department shall establish a waiver process from the
prohibition of employment or termination of employment
requirements in subsection (a) of this Section for any
applicant or employee listed under the Department of Children
and Family Services' State Central Register seeking to be hired
or maintain his or her employment with a facility under this
Act. The waiver process for applicants and employees outlined
under Section 40 of the Health Care Worker Background Check Act
shall remain in effect for individuals listed on the Health
Care Worker Registry.
 
    Section 3-207. Statement of ownership.    
    (a) As a condition of the issuance or renewal of the
license of any facility, the applicant shall file a statement
of ownership. The applicant shall update the information
required in the statement of ownership within 10 days of any
change.
    (b) The statement of ownership shall include the following:
        (1) The name, address, telephone number, occupation or
    business activity, business address and business telephone
    number of the person who is the owner of the facility and
    every person who owns the building in which the facility is
    located, if other than the owner of the facility, which is
    the subject of the application or license; and if the owner
    is a partnership or corporation, the name of every partner
    and stockholder of the owner;
        (2) The name and address of any facility, wherever
    located, any financial interest in which is owned by the
    applicant, if the facility were required to be licensed if
    it were located in this State; and
        (3) Other information necessary to determine the
    identity and qualifications of an applicant or licensee to
    operate a facility in accordance with this Act as required
    by the Department in regulations.
    (c) The information in the statement of ownership shall be
public information and shall be available from the Department.
 
    Section 3-208. Annual financial statement.
    (a) Each licensee shall file annually, or more often as the
Director shall by rule prescribe an attested financial
statement. The Director may order an audited financial
statement of a particular facility by an auditor of the
Director's choice, provided the cost of such audit is paid by
the Department.
    (b) No public funds shall be expended for the maintenance
of any resident in a facility which has failed to file the
financial statement required under this Section and no public
funds shall be paid to or on behalf of a facility which has
failed to file a statement.
    (c) The Director of Public Health and the Director of
Healthcare and Family Services shall promulgate under Sections
3-801 and 3-802, one set of regulations for the filing of these
financial statements, and shall provide in these regulations
for forms, required information, intervals and dates of filing
and such other provisions as they may deem necessary.
    (d) The Director of Public Health and the Director of
Healthcare and Family Services shall seek the advice and
comments of other State and federal agencies which require the
submission of financial data from facilities licensed under
this Act and shall incorporate the information requirements of
these agencies so as to impose the least possible burden on
licensees. No other State agency may require submission of
financial data except as expressly authorized by law or as
necessary to meet requirements of federal statutes or
regulations. Information obtained under this Section shall be
made available, upon request, by the Department to any other
State agency or legislative commission to which such
information is necessary for investigations or required for the
purposes of State or federal law or regulation.
 
    Section 3-209. Posting of information. Every facility
shall conspicuously post for display in an area of its offices
accessible to residents, employees, and visitors the
following:
        (1) Its current license;
        (2) A description, provided by the Department, of
    complaint procedures established under this Act and the
    name, address, and telephone number of a person authorized
    by the Department to receive complaints;
        (3) A copy of any order pertaining to the facility
    issued by the Department or a court; and
        (4) A list of the material available for public
    inspection under Section 3-210.
 
    Section 3-210. Materials for public inspection.
    A facility shall retain the following for public
inspection:
        (1) A complete copy of every inspection report of the
    facility received from the Department during the past 5
    years;
        (2) A copy of every order pertaining to the facility
    issued by the Department or a court during the past 5
    years;
        (3) A description of the services provided by the
    facility and the rates charged for those services and items
    for which a resident may be separately charged;
        (4) A copy of the statement of ownership required by
    Section 3-207;
        (5) A record of personnel employed or retained by the
    facility who are licensed, certified or registered by the
    Department of Financial and Professional Regulation (as
    successor to the Department of Professional Regulation);
        (6) A complete copy of the most recent inspection
    report of the facility received from the Department; and
        (7) A copy of the current Consumer Choice Information
    Report required by Section 2-214.
 
    Section 3-211. No State or federal funds to unlicensed
facility. No State or federal funds which are appropriated by
the General Assembly or which pass through the General Revenue
Fund or any special fund in the State Treasury shall be paid to
a facility not having a license issued under this Act.
 
    Section 3-212. Inspection of facility by Department;
report.
    (a) The Department, whenever it deems necessary in
accordance with subsection (b), shall inspect, survey and
evaluate every facility to determine compliance with
applicable licensure requirements and standards. Submission of
a facility's current Consumer Choice Information Report
required by Section 2-214 shall be verified at the time of
inspection. An inspection should occur within 120 days prior to
license renewal. The Department may periodically visit a
facility for the purpose of consultation. An inspection,
survey, or evaluation, other than an inspection of financial
records, shall be conducted without prior notice to the
facility. A visit for the sole purpose of consultation may be
announced. The Department shall provide training to surveyors
about the appropriate assessment, care planning, and care of
persons with mental illness (other than Alzheimer's disease or
related disorders) to enable its surveyors to determine whether
a facility is complying with State and federal requirements
about the assessment, care planning, and care of those persons.
    (a-1) An employee of a State or unit of local government
agency charged with inspecting, surveying, and evaluating
facilities who directly or indirectly gives prior notice of an
inspection, survey, or evaluation, other than an inspection of
financial records, to a facility or to an employee of a
facility is guilty of a Class A misdemeanor. An inspector or an
employee of the Department who intentionally prenotifies a
facility, orally or in writing, of a pending complaint
investigation or inspection shall be guilty of a Class A
misdemeanor. Superiors of persons who have prenotified a
facility shall be subject to the same penalties, if they have
knowingly allowed the prenotification. A person found guilty of
prenotifying a facility shall be subject to disciplinary action
by his or her employer. If the Department has a good faith
belief, based upon information that comes to its attention,
that a violation of this subsection has occurred, it must file
a complaint with the Attorney General or the State's Attorney
in the county where the violation took place within 30 days
after discovery of the information.
    (a-2) An employee of a State or unit of local government
agency charged with inspecting, surveying, or evaluating
facilities who willfully profits from violating the
confidentiality of the inspection, survey, or evaluation
process shall be guilty of a Class 4 felony and that conduct
shall be deemed unprofessional conduct that may subject a
person to loss of his or her professional license. An action to
prosecute a person for violating this subsection (a-2) may be
brought by either the Attorney General or the State's Attorney
in the county where the violation took place.
    (b) In determining whether to make more than the required
number of unannounced inspections, surveys and evaluations of a
facility the Department shall consider one or more of the
following: previous inspection reports; the facility's history
of compliance with standards, rules and regulations
promulgated under this Act and correction of violations,
penalties or other enforcement actions; the number and severity
of complaints received about the facility; any allegations of
resident abuse or neglect; weather conditions; health
emergencies; other reasonable belief that deficiencies exist.
     (b-1) The Department shall not be required to determine
whether a facility certified to participate in the Medicare
program under Title XVIII of the Social Security Act, or the
Medicaid program under Title XIX of the Social Security Act,
and which the Department determines by inspection under this
Section or under Section 3-702 of this Act to be in compliance
with the certification requirements of Title XVIII or XIX, is
in compliance with any requirement of this Act that is less
stringent than or duplicates a federal certification
requirement. In accordance with subsection (a) of this Section
or subsection (d) of Section 3-702, the Department shall
determine whether a certified facility is in compliance with
requirements of this Act that exceed federal certification
requirements. If a certified facility is found to be out of
compliance with federal certification requirements, the
results of an inspection conducted pursuant to Title XVIII or
XIX of the Social Security Act may be used as the basis for
enforcement remedies authorized and commenced, with the
Department's discretion to evaluate whether penalties are
warranted, under this Act. Enforcement of this Act against a
certified facility shall be commenced pursuant to the
requirements of this Act, unless enforcement remedies sought
pursuant to Title XVIII or XIX of the Social Security Act
exceed those authorized by this Act. As used in this
subsection, "enforcement remedy" means a sanction for
violating a federal certification requirement or this Act.
    (c) Upon completion of each inspection, survey and
evaluation, the appropriate Department personnel who conducted
the inspection, survey or evaluation shall submit a copy of
their report to the licensee upon exiting the facility, and
shall submit the actual report to the appropriate regional
office of the Department. Such report and any recommendations
for action by the Department under this Act shall be
transmitted to the appropriate offices of the associate
director of the Department, together with related comments or
documentation provided by the licensee which may refute
findings in the report, which explain extenuating
circumstances that the facility could not reasonably have
prevented, or which indicate methods and timetables for
correction of deficiencies described in the report. Without
affecting the application of subsection (a) of Section 3-303,
any documentation or comments of the licensee shall be provided
within 10 days of receipt of the copy of the report. Such
report shall recommend to the Director appropriate action under
this Act with respect to findings against a facility. The
Director shall then determine whether the report's findings
constitute a violation or violations of which the facility must
be given notice. Such determination shall be based upon the
severity of the finding, the danger posed to resident health
and safety, the comments and documentation provided by the
facility, the diligence and efforts to correct deficiencies,
correction of the reported deficiencies, the frequency and
duration of similar findings in previous reports and the
facility's general inspection history. The Department shall
determine violations under this subsection no later than 90
days after completion of each inspection, survey and
evaluation.
    (d) The Department shall maintain all inspection, survey
and evaluation reports for at least 5 years in a manner
accessible to and understandable by the public.
    (e) The Department shall conduct a revisit to its licensure
and certification surveys, consistent with federal regulations
and guidelines.
 
    Section 3-213. Periodic reports to Department. The
Department shall require periodic reports and shall have access
to and may reproduce or photocopy at its cost any books,
records, and other documents maintained by the facility to the
extent necessary to carry out this Act and the rules
promulgated under this Act. The Department shall not divulge or
disclose the contents of a record under this Section in
violation of Section 2-206 or as otherwise prohibited by this
Act.
 
    Section 3-214. Consent to Department inspection. Any
holder of a license or applicant for a license shall be deemed
to have given consent to any authorized officer, employee or
agent of the Department to enter and inspect the facility in
accordance with this Article. Refusal to permit such entry or
inspection shall constitute grounds for denial, nonrenewal or
revocation of a license as provided in Section 3-117 or 3-119
of this Act.
 
    Section 3-215. Annual report on facility by Department. The
Department shall make at least one report on each facility in
the State annually, unless the facility has been issued a
2-year license under subsection (b) of Section 3-110 for which
the report shall be made every 2 years. All conditions and
practices not in compliance with applicable standards within
the report period shall be specifically stated. If a violation
is corrected or is subject to an approved plan of correction,
the same shall be specified in the report. The Department shall
send a copy to any person on receiving a written request. The
Department may charge a reasonable fee to cover copying costs.
 
    Section 3-216. Fire inspections; authority.
    (a) (Blank).
    (b) For facilities licensed under this Act, the Office of
the State Fire Marshal shall provide the necessary fire
inspection to comply with licensing requirements. The Office of
the State Fire Marshal may enter into an agreement with another
State agency to conduct this inspection if qualified personnel
are employed by that agency. Code enforcement inspection of the
facility by the local authority shall only occur if the local
authority having jurisdiction enforces code requirements that
are more stringent than those enforced by the State Fire
Marshal. Nothing in this Section shall prohibit a local fire
authority from conducting fire incident planning activities.
 
PART 3. VIOLATIONS AND PENALTIES

 
    Section 3-301. Notice of violation of Act or rules. If
after receiving the report specified in subsection (c) of
Section 3-212 the Director or his or her designee determines
that a facility is in violation of this Act or of any rule
promulgated thereunder, the Director or his or her designee
shall serve a notice of violation upon the licensee within 10
days thereafter. Each notice of violation shall be prepared in
writing and shall specify the nature of the violation, and the
statutory provision or rule alleged to have been violated. The
notice shall inform the licensee of any action the Department
may take under the Act, including the requirement of a facility
plan of correction under Section 3-303; placement of the
facility on a list prepared under Section 3-304; assessment of
a penalty under Section 3-305; a conditional license under
Sections 3-311 through 3-317; or license suspension or
revocation under Section 3-119. The Director or his or her
designee shall also inform the licensee of rights to a hearing
under Section 3-703.
 
    Section 3-302. Each day a separate violation. Each day the
violation exists after the date upon which a notice of
violation is served under Section 3-301 shall constitute a
separate violation for purposes of assessing penalties or fines
under Section 3-305. The submission of a plan of correction
pursuant to subsection (b) of Section 3-303 does not prohibit
or preclude the Department from assessing penalties or fines
pursuant to Section 3-305 for those violations found to be
valid except as provided under Section 3-308 in relation to
Type "B" violations. No penalty or fine may be assessed for a
condition for which the facility has received a variance or
waiver of a standard.
 
    Section 3-303. Correction of violations; hearing.
    (a) The situation, condition or practice constituting a
Type "AA" violation or a Type "A" violation shall be abated or
eliminated immediately unless a fixed period of time, not
exceeding 15 days, as determined by the Department and
specified in the notice of violation, is required for
correction.
    (b) At the time of issuance of a notice of a Type "B"
violation, the Department shall request a plan of correction
which is subject to the Department's approval. The facility
shall have 10 days after receipt of notice of violation in
which to prepare and submit a plan of correction. The
Department may extend this period up to 30 days where
correction involves substantial capital improvement. The plan
shall include a fixed time period not in excess of 90 days
within which violations are to be corrected. If the Department
rejects a plan of correction, it shall send notice of the
rejection and the reason for the rejection to the facility. The
facility shall have 10 days after receipt of the notice of
rejection in which to submit a modified plan. If the modified
plan is not timely submitted, or if the modified plan is
rejected, the facility shall follow an approved plan of
correction imposed by the Department.
    (c) If the violation has been corrected prior to submission
and approval of a plan of correction, the facility may submit a
report of correction in place of a plan of correction. Such
report shall be signed by the administrator under oath.
    (d) Upon a licensee's petition, the Department shall
determine whether to grant a licensee's request for an extended
correction time. Such petition shall be served on the
Department prior to expiration of the correction time
originally approved. The burden of proof is on the petitioning
facility to show good cause for not being able to comply with
the original correction time approved.
    (e) If a facility desires to contest any Department action
under this Section it shall send a written request for a
hearing under Section 3-703 to the Department within 10 days of
receipt of notice of the contested action. The Department shall
commence the hearing as provided under Section 3-703. Whenever
possible, all action of the Department under this Section
arising out of a violation shall be contested and determined at
a single hearing. Issues decided after a hearing may not be
reheard at subsequent hearings under this Section.
 
    Section 3-303.1. Waiver of facility's compliance with rule
or standard. Upon application by a facility, the Director may
grant or renew the waiver of the facility's compliance with a
rule or standard for a period not to exceed the duration of the
current license or, in the case of an application for license
renewal, the duration of the renewal period. The waiver may be
conditioned upon the facility taking action prescribed by the
Director as a measure equivalent to compliance. In determining
whether to grant or renew a waiver, the Director shall consider
the duration and basis for any current waiver with respect to
the same rule or standard and the validity and effect upon
patient health and safety of extending it on the same basis,
the effect upon the health and safety of residents, the quality
of resident care, the facility's history of compliance with the
rules and standards of this Act and the facility's attempts to
comply with the particular rule or standard in question. The
Department may provide, by rule, for the automatic renewal of
waivers concerning physical plant requirements upon the
renewal of a license. The Department shall renew waivers
relating to physical plant standards issued pursuant to this
Section at the time of the indicated reviews, unless it can
show why such waivers should not be extended for the following
reasons:
    (a) the condition of the physical plant has deteriorated or
its use substantially changed so that the basis upon which the
waiver was issued is materially different; or
    (b) the facility is renovated or substantially remodeled in
such a way as to permit compliance with the applicable rules
and standards without substantial increase in cost. A copy of
each waiver application and each waiver granted or renewed
shall be on file with the Department and available for public
inspection. The Director shall annually review such file and
recommend to the DD Facility Advisory Board established under
Section 2-204 of the ID/DD Community Care Act any modification
in rules or standards suggested by the number and nature of
waivers requested and granted and the difficulties faced in
compliance by similarly situated facilities.
 
    Section 3-303.2. Administrative warning.
    (a) If the Department finds a situation, condition or
practice which violates this Act or any rule promulgated
thereunder which does not constitute a Type "AA", Type "A",
Type "B", or Type "C" violation, the Department shall issue an
administrative warning. Any administrative warning shall be
served upon the facility in the same manner as the notice of
violation under Section 3-301. The facility shall be
responsible for correcting the situation, condition or
practice; however, no written plan of correction need be
submitted for an administrative warning, except for violations
of Sections 3-401 through 3-413 or the rules promulgated
thereunder. A written plan of correction is required to be
filed for an administrative warning issued for violations of
Sections 3-401 through 3-413 or the rules promulgated
thereunder.
    (b) If, however, the situation, condition or practice which
resulted in the issuance of an administrative warning, with the
exception of administrative warnings issued pursuant to
Sections 3-401 through 3-413 or the rules promulgated
thereunder, is not corrected by the next on site inspection by
the Department which occurs no earlier than 90 days from the
issuance of the administrative warning, a written plan of
correction must be submitted in the same manner as provided in
subsection (b) of Section 3-303.
 
    Section 3-304. Quarterly list of facilities against which
Department has taken action.
    (a) The Department shall prepare on a quarterly basis a
list containing the names and addresses of all facilities
against which the Department during the previous quarter has:
        (1) sent a notice under Section 3-307 regarding a
    penalty assessment under subsection (1) of Section 3-305;
        (2) sent a notice of license revocation under Section
    3-119;
        (3) sent a notice refusing renewal of a license under
    Section 3-119;
        (4) sent a notice to suspend a license under Section
    3-119;
        (5) issued a conditional license for violations that
    have not been corrected under Section 3-303 or penalties or
    fines described under Section 3-305 have been assessed
    under Section 3-307 or 3-308;
        (6) placed a monitor under subsections (a), (b) and (c)
    of Section 3-501 and under subsection (d) of such Section
    where license revocation or nonrenewal notices have also
    been issued;
        (7) initiated an action to appoint a receiver;
        (8) recommended to the Director of Healthcare and
    Family Services, or the Secretary of the United States
    Department of Health and Human Services, the
    decertification for violations in relation to patient care
    of a facility pursuant to Titles XVIII and XIX of the
    federal Social Security Act.
    (b) In addition to the name and address of the facility,
the list shall include the name and address of the person or
licensee against whom the action has been initiated, a self
explanatory summary of the facts which warranted the initiation
of each action, the type of action initiated, the date of the
initiation of the action, the amount of the penalty sought to
be assessed, if any, and the final disposition of the action,
if completed.
    (c) The list shall be available to any member of the public
upon oral or written request without charge.
 
    Section 3-304.1. Public computer access to information.
    (a) The Department must make information regarding nursing
homes in the State available to the public in electronic form
on the World Wide Web, including all of the following
information:
        (1) who regulates facilities licensed under this Act;
        (2) information in the possession of the Department
    that is listed in Sections 3-210 and 3-304;
        (3) deficiencies and plans of correction;
        (4) enforcement remedies;
        (5) penalty letters;
        (6) designation of penalty monies;
        (7) the U.S. Department of Health and Human Services'
    Health Care Financing Administration special projects or
    federally required inspections;
        (8) advisory standards;
        (9) deficiency free surveys;
        (10) enforcement actions and enforcement summaries;
    and
        (11) distressed facilities.
    (b) No fee or other charge may be imposed by the Department
as a condition of accessing the information.
    (c) The electronic public access provided through the World
Wide Web shall be in addition to any other electronic or print
distribution of the information.
    (d) The information shall be made available as provided in
this Section in the shortest practicable time after it is
publicly available in any other form.
 
    Section 3-304.2. Designation of distressed facilities.
    (a) The Department shall, by rule, adopt criteria to
identify facilities that are distressed and shall publish this
list quarterly. No facility shall be identified as a distressed
facility unless it has committed violations or deficiencies
that have actually harmed residents.
    (b) The Department shall notify each facility and licensee
of its distressed designation and of the calculation on which
it is based.
    (c) A distressed facility may contract with an independent
consultant meeting criteria established by the Department. If
the distressed facility does not seek the assistance of an
independent consultant, then the Department shall place a
monitor or a temporary manager in the facility, depending on
the Department's assessment of the condition of the facility.
    (d) A facility that has been designated a distressed
facility may contract with an independent consultant to develop
and assist in the implementation of a plan of improvement to
bring and keep the facility in compliance with this Act and, if
applicable, with federal certification requirements. A
facility that contracts with an independent consultant shall
have 90 days to develop a plan of improvement and demonstrate a
good faith effort at implementation, and another 90 days to
achieve compliance and take whatever additional actions are
called for in the improvement plan to maintain compliance in
this subsection (d). "Independent" consultant means an
individual who has no professional or financial relationship
with the facility, any person with a reportable ownership
interest in the facility, or any related parties. In this
subsection (d), "related parties" has the meaning attributed to
it in the instructions for completing Medicaid cost reports.
    (e) A distressed facility that does not contract with a
consultant shall be assigned a monitor or a temporary manager
at the Department's discretion. The cost of the temporary
manager shall be paid by the Department. The authority afforded
the temporary manager shall be determined through rulemaking.
    If a distressed facility that contracts with an independent
consultant but does not, in a timely manner, develop an
adequate plan of improvement or comply with the plan of
improvement, then the Department may place a monitor in the
facility.
    Nothing in this Section shall limit the authority of the
Department to place a monitor in a distressed facility if
otherwise justified by law.
    (f) The Department shall by rule establish a mentor program
for owners of distressed facilities. That a mentor program does
not exist, or that a mentor is not available to assist a
distressed facility, shall not delay or prevent the imposition
of any penalties on a distressed facility, authorized by this
Act.
 
    Section 3-305. Penalties or fines. The license of a
facility which is in violation of this Act or any rule adopted
thereunder may be subject to the penalties or fines levied by
the Department as specified in this Section.
        (1) A licensee who commits a Type "AA" violation as
    defined in Section 1-128.5 is automatically issued a
    conditional license for a period of 6 months to coincide
    with an acceptable plan of correction and assessed a fine
    of up to $25,000 per violation. For a facility licensed to
    provide care to fewer than 100 residents, but no less than
    17 residents, the fine shall be up to $18,500 per
    violation. For a facility licensed to provide care to fewer
    than 17 residents, the fine shall be up to $12,500 per
    violation.
        (1.5) A licensee who commits a Type "A" violation as
    defined in Section 1-129 is automatically issued a
    conditional license for a period of 6 months to coincide
    with an acceptable plan of correction and assessed a fine
    of up to $12,500 per violation. For a facility licensed to
    provide care to fewer than 100 residents, but no less than
    17 residents, the fine shall be up to $10,000 per
    violation. For a facility licensed to provide care to fewer
    than 17 residents, the fine shall be up to $6,250 per
    violation.
        (2) A licensee who commits a Type "B" violation as
    defined in Section 1-130 shall be assessed a fine of up to
    $1,100 per violation. For a facility licensed to provide
    care to fewer than 100 residents, but no less than 17
    residents, the fine shall be up to $750 per violation. For
    a facility licensed to provide care to fewer than 17
    residents, the fine shall be up to $550 per violation.
        (2.5) A licensee who commits 8 or more Type "C"
    violations as defined in Section 1-132 in a single survey
    shall be assessed a fine of up to $250 per violation. A
    facility licensed to provide care to fewer than 100
    residents, but no less than 17 residents, that commits 8 or
    more Type "C" violations in a single survey, shall be
    assessed a fine of up to $200 per violation. A facility
    licensed to provide care to fewer than 17 residents, that
    commits 8 or more Type "C" violations in a single survey,
    shall be assessed a fine of up to $175 per violation.
        (3) A licensee who commits a Type "AA" or Type "A"
    violation as defined in Section 1-128.5 or 1-129 which
    continues beyond the time specified in paragraph (a) of
    Section 3-303 which is cited as a repeat violation shall
    have its license revoked and shall be assessed a fine of 3
    times the fine computed under subsection (1).
        (4) A licensee who fails to satisfactorily comply with
    an accepted plan of correction for a Type "B" violation or
    an administrative warning issued pursuant to Sections
    3-401 through 3-413 or the rules promulgated thereunder
    shall be automatically issued a conditional license for a
    period of not less than 6 months. A second or subsequent
    acceptable plan of correction shall be filed. A fine shall
    be assessed in accordance with subsection (2) when cited
    for the repeat violation. This fine shall be computed for
    all days of the violation, including the duration of the
    first plan of correction compliance time.
        (5) (Blank).
        (6) When the Department finds that a provision of
    Article II has been violated with regard to a particular
    resident, the Department shall issue an order requiring the
    facility to reimburse the resident for injuries incurred,
    or $100, whichever is greater. In the case of a violation
    involving any action other than theft of money belonging to
    a resident, reimbursement shall be ordered only if a
    provision of Article II has been violated with regard to
    that or any other resident of the facility within the 2
    years immediately preceding the violation in question.
        (7) For purposes of assessing fines under this Section,
    a repeat violation shall be a violation which has been
    cited during one inspection of the facility for which an
    accepted plan of correction was not complied with or a new
    citation of the same rule if the licensee is not
    substantially addressing the issue routinely throughout
    the facility.
        (8) If an occurrence results in more than one type of
    violation as defined in this Act (that is, a Type "AA",
    Type "A", Type "B", or Type "C" violation), then the
    maximum fine that may be assessed for that occurrence is
    the maximum fine that may be assessed for the most serious
    type of violation charged. For purposes of the preceding
    sentence, a Type "AA" violation is the most serious type of
    violation that may be charged, followed by a Type "A", Type
    "B", or Type "C" violation, in that order.
        (9) If any facility willfully makes a misstatement of
    fact to the Department or willfully fails to make a
    required notification to the Department and that
    misstatement or failure delays the start of a survey or
    impedes a survey, then it will constitute a Type "B"
    violation. The minimum and maximum fines that may be
    assessed pursuant to this subsection (9) shall be 3 times
    those otherwise specified for any facility.
        (10) If the Department finds that a facility has
    violated a provision of the Illinois Administrative Code
    that has a high-risk designation or that a facility has
    violated the same provision of the Illinois Administrative
    Code 3 or more times in the previous 12 months, then the
    Department may assess a fine of up to 2 times the maximum
    fine otherwise allowed.
 
    Section 3-306. Factors to be considered in determining
penalty. In determining whether a penalty is to be imposed and
in determining the amount of the penalty to be imposed, if any,
for a violation, the Director shall consider the following
factors:
        (1) The gravity of the violation, including the
    probability that death or serious physical or mental harm
    to a resident will result or has resulted; the severity of
    the actual or potential harm, and the extent to which the
    provisions of the applicable statutes or regulations were
    violated;
        (2) The reasonable diligence exercised by the licensee
    and efforts to correct violations;
        (3) Any previous violations committed by the licensee;
    and
        (4) The financial benefit to the facility of committing
    or continuing the violation.
 
    Section 3-307. Assessment of penalties; notice. The
Director may directly assess penalties provided for under
Section 3-305 of this Act. If the Director determines that a
penalty should be assessed for a particular violation or for
failure to correct it, the Director shall send a notice to the
facility. The notice shall specify the amount of the penalty
assessed, the violation, the statute or rule alleged to have
been violated, and shall inform the licensee of the right to
hearing under Section 3-703 of this Act. If the violation is
continuing, the notice shall specify the amount of additional
assessment per day for the continuing violation.
 
    Section 3-308. Time of assessment; plan of correction. In
the case of a Type "AA" or Type "A" violation, a penalty may be
assessed from the date on which the violation is discovered. In
the case of a Type "B" or Type "C" violation or an
administrative warning issued pursuant to Sections 3-401
through 3-413 or the rules promulgated thereunder, the facility
shall submit a plan of correction as provided in Section 3-303.
In the case of a Type "B" violation or an administrative
warning issued pursuant to Sections 3-401 through 3-413 or the
rules promulgated thereunder, a penalty shall be assessed on
the date of notice of the violation, but the Director may
reduce the amount or waive such payment for any of the
following reasons:
    (a) The facility submits a true report of correction within
10 days;
    (b) The facility submits a plan of correction within 10
days and subsequently submits a true report of correction
within 15 days thereafter;
    (c) The facility submits a plan of correction within 10
days which provides for a correction time that is less than or
equal to 30 days and the Department approves such plan; or
    (d) The facility submits a plan of correction for
violations involving substantial capital improvements which
provides for correction within the initial 90 day limit
provided under Section 3-303. The Director shall consider the
following factors in determinations to reduce or waive such
penalties:
        (1) The violation has not caused actual harm to a
    resident;
        (2) The facility has made a diligent effort to correct
    the violation and to prevent its recurrence;
        (3) The facility has no record of a pervasive pattern
    of the same or similar violations; and
        (4) The facility has a record of substantial compliance
    with this Act and the regulations promulgated hereunder.
    If a plan of correction is approved and carried out for a
Type "C" violation, the fine provided under Section 3-305 shall
be suspended for the time period specified in the approved plan
of correction. If a plan of correction is approved and carried
out for a Type "B" violation or an administrative warning
issued pursuant to Sections 3-401 through 3-413 or the rules
promulgated thereunder, with respect to a violation that
continues after the date of notice of violation, the fine
provided under Section 3-305 shall be suspended for the time
period specified in the approved plan of correction.
    If a good faith plan of correction is not received within
the time provided by Section 3-303, a penalty may be assessed
from the date of the notice of the Type "B" or "C" violation or
an administrative warning issued pursuant to Sections 3-401
through 3-413 or the rules promulgated thereunder served under
Section 3-301 until the date of the receipt of a good faith
plan of correction, or until the date the violation is
corrected, whichever is earlier. If a violation is not
corrected within the time specified by an approved plan of
correction or any lawful extension thereof, a penalty may be
assessed from the date of notice of the violation, until the
date the violation is corrected.
 
    Section 3-309. Contesting assessment of penalty. A
facility may contest an assessment of a penalty by sending a
written request to the Department for hearing under Section
3-703. Upon receipt of the request the Department shall hold a
hearing as provided under Section 3-703. Instead of requesting
a hearing pursuant to Section 3-703, a facility may, within 10
business days after receipt of the notice of violation and fine
assessment, transmit to the Department 65% of the amount
assessed for each violation specified in the penalty
assessment.
 
    Section 3-310. Collection of penalties. All penalties
shall be paid to the Department within 10 days of receipt of
notice of assessment or, if the penalty is contested under
Section 3-309, within 10 days of receipt of the final decision,
unless the decision is appealed and the order is stayed by
court order under Section 3-713. A facility choosing to waive
the right to a hearing under Section 3-309 shall submit a
payment totaling 65% of the original fine amount along with the
written waiver. A penalty assessed under this Act shall be
collected by the Department and shall be deposited with the
State Treasurer into the Long Term Care Monitor/Receiver Fund.
If the person or facility against whom a penalty has been
assessed does not comply with a written demand for payment
within 30 days, the Director shall issue an order to do any of
the following:
        (1) Direct the State Treasurer or Comptroller to deduct
    the amount of the fine from amounts otherwise due from the
    State for the penalty, including any payments to be made
    from the Care Provider Fund for Persons with a
    Developmental Disability established under Section 5C-7 of
    the Illinois Public Aid Code, and remit that amount to the
    Department;
        (2) Add the amount of the penalty to the facility's
    licensing fee; if the licensee refuses to make the payment
    at the time of application for renewal of its license, the
    license shall not be renewed; or
        (3) Bring an action in circuit court to recover the
    amount of the penalty.
 
    Section 3-311. Issuance of conditional license in addition
to penalties. In addition to the right to assess penalties
under this Act, the Director may issue a conditional license
under Section 3-305 to any facility if the Director finds that
either a Type "A" or Type "B" violation exists in such
facility. The issuance of a conditional license shall revoke
any license held by the facility.
 
    Section 3-312. Plan of correction required before issuance
of conditional license. Prior to the issuance of a conditional
license, the Department shall review and approve a written plan
of correction. The Department shall specify the violations
which prevent full licensure and shall establish a time
schedule for correction of the deficiencies. Retention of the
license shall be conditional on the timely correction of the
deficiencies in accordance with the plan of correction.
 
    Section 3-313. Notice of issuance of conditional license.
Written notice of the decision to issue a conditional license
shall be sent to the applicant or licensee together with the
specification of all violations of this Act and the rules
promulgated thereunder which prevent full licensure and which
form the basis for the Department's decision to issue a
conditional license and the required plan of correction. The
notice shall inform the applicant or licensee of its right to a
full hearing under Section 3-315 to contest the issuance of the
conditional license.
 
    Section 3-315. Hearing on conditional license or plan of
correction. If the applicant or licensee desires to contest the
basis for issuance of a conditional license, or the terms of
the plan of correction, the applicant or licensee shall send a
written request for hearing to the Department within 10 days
after receipt by the applicant or licensee of the Department's
notice and decision to issue a conditional license. The
Department shall hold the hearing as provided under Section
3-703.
 
    Section 3-316. Period of conditional license. A
conditional license shall be issued for a period specified by
the Department, but in no event for more than one year. The
Department shall periodically inspect any facility operating
under a conditional license. If the Department finds
substantial failure by the facility to timely correct the
violations which prevented full licensure and formed the basis
for the Department's decision to issue a conditional license in
accordance with the required plan of correction, the
conditional license may be revoked as provided under Section
3-119.
 
    Section 3-318. Business offenses.
    (a) No person shall:
        (1) Intentionally fail to correct or interfere with the
    correction of a Type "AA", Type "A", or Type "B" violation
    within the time specified on the notice or approved plan of
    correction under this Act as the maximum period given for
    correction, unless an extension is granted and the
    corrections are made before expiration of extension;
        (2) Intentionally prevent, interfere with, or attempt
    to impede in any way any duly authorized investigation and
    enforcement of this Act;
        (3) Intentionally prevent or attempt to prevent any
    examination of any relevant books or records pertinent to
    investigations and enforcement of this Act;
        (4) Intentionally prevent or interfere with the
    preservation of evidence pertaining to any violation of
    this Act or the rules promulgated under this Act;
        (5) Intentionally retaliate or discriminate against
    any resident or employee for contacting or providing
    information to any state official, or for initiating,
    participating in, or testifying in an action for any remedy
    authorized under this Act;
        (6) Willfully file any false, incomplete or
    intentionally misleading information required to be filed
    under this Act, or willfully fail or refuse to file any
    required information; or
        (7) Open or operate a facility without a license.
    (b) A violation of this Section is a business offense,
punishable by a fine not to exceed $10,000, except as otherwise
provided in subsection (2) of Section 3-103 as to submission of
false or misleading information in a license application.
    (c) The State's Attorney of the county in which the
facility is located, or the Attorney General, shall be notified
by the Director of any violations of this Section.
 
    Section 3-320. Review under Administrative Review Law. All
final administrative decisions of the Department under this Act
are subject to judicial review under the Administrative Review
Law, as now or hereafter amended, and the rules adopted
pursuant thereto. The term "administrative decision" is
defined as in Section 3-101 of the Code of Civil Procedure.
 
PART 4. DISCHARGE AND TRANSFER

 
    Section 3-401. Involuntary transfer or discharge of
resident. A facility may involuntarily transfer or discharge a
resident only for one or more of the following reasons:
    (a) for medical reasons;
    (b) for the resident's physical safety;
    (c) for the physical safety of other residents, the
facility staff or facility visitors; or
    (d) for either late payment or nonpayment for the
resident's stay, except as prohibited by Titles XVIII and XIX
of the federal Social Security Act. For purposes of this
Section, "late payment" means non-receipt of payment after
submission of a bill. If payment is not received within 45 days
after submission of a bill, a facility may send a notice to the
resident and responsible party requesting payment within 30
days. If payment is not received within such 30 days, the
facility may thereupon institute transfer or discharge
proceedings by sending a notice of transfer or discharge to the
resident and responsible party by registered or certified mail.
The notice shall state, in addition to the requirements of
Section 3-403 of this Act, that the responsible party has the
right to pay the amount of the bill in full up to the date the
transfer or discharge is to be made and then the resident shall
have the right to remain in the facility. Such payment shall
terminate the transfer or discharge proceedings. This
subsection does not apply to those residents whose care is
provided for under the Illinois Public Aid Code. The Department
shall adopt rules setting forth the criteria and procedures to
be applied in cases of involuntary transfer or discharge
permitted under this Section.
 
    Section 3-401.1. Medical assistance recipients.
    (a) A facility participating in the Medical Assistance
Program is prohibited from failing or refusing to retain as a
resident any person because he or she is a recipient of or an
applicant for the Medical Assistance Program under Article V of
the Illinois Public Aid Code.
    (a-5) A facility of which only a distinct part is certified
to participate in the Medical Assistance Program may refuse to
retain as a resident any person who resides in a part of the
facility that does not participate in the Medical Assistance
Program and who is unable to pay for his or her care in the
facility without Medical Assistance only if:
        (1) the facility, no later than at the time of
    admission and at the time of the resident's contract
    renewal, explains to the resident (unless he or she is
    incompetent), and to the resident's representative, and to
    the person making payment on behalf of the resident for the
    resident's stay, in writing, that the facility may
    discharge the resident if the resident is no longer able to
    pay for his or her care in the facility without Medical
    Assistance; and
        (2) the resident (unless he or she is incompetent), the
    resident's representative, and the person making payment
    on behalf of the resident for the resident's stay,
    acknowledge in writing that they have received the written
    explanation.
    (a-10) For the purposes of this Section, a recipient or
applicant shall be considered a resident in the facility during
any hospital stay totaling 10 days or less following a hospital
admission. The Department of Healthcare and Family Services
shall recoup funds from a facility when, as a result of the
facility's refusal to readmit a recipient after
hospitalization for 10 days or less, the recipient incurs
hospital bills in an amount greater than the amount that would
have been paid by that Department for care of the recipient in
the facility. The amount of the recoupment shall be the
difference between the Department of Healthcare and Family
Services' payment for hospital care and the amount that
Department would have paid for care in the facility.
    (b) A facility which violates this Section shall be guilty
of a business offense and fined not less than $500 nor more
than $1,000 for the first offense and not less than $1,000 nor
more than $5,000 for each subsequent offense.
 
    Section 3-402. Notice of involuntary transfer or
discharge. Involuntary transfer or discharge of a resident from
a facility shall be preceded by the discussion required under
Section 3-408 and by a minimum written notice of 21 days,
except in one of the following instances:
    (a) When an emergency transfer or discharge is ordered by
the resident's attending physician because of the resident's
health care needs.
    (b) When the transfer or discharge is mandated by the
physical safety of other residents, the facility staff, or
facility visitors, as documented in the clinical record. The
Department shall be notified prior to any such involuntary
transfer or discharge. The Department shall immediately offer
transfer, or discharge and relocation assistance to residents
transferred or discharged under this subparagraph (b), and the
Department may place relocation teams as provided in Section
3-419 of this Act.
 
    Section 3-403. Contents of notice; right to hearing. The
notice required by Section 3-402 shall be on a form prescribed
by the Department and shall contain all of the following:
    (a) The stated reason for the proposed transfer or
discharge;
    (b) The effective date of the proposed transfer or
discharge;
    (c) A statement in not less than 12 point type, which
reads: "You have a right to appeal the facility's decision to
transfer or discharge you. If you think you should not have to
leave this facility, you may file a request for a hearing with
the Department of Public Health within 10 days after receiving
this notice. If you request a hearing, it will be held not
later than 10 days after your request, and you generally will
not be transferred or discharged during that time. If the
decision following the hearing is not in your favor, you
generally will not be transferred or discharged prior to the
expiration of 30 days following receipt of the original notice
of the transfer or discharge. A form to appeal the facility's
decision and to request a hearing is attached. If you have any
questions, call the Department of Public Health at the
telephone number listed below.";
    (d) A hearing request form, together with a postage paid,
preaddressed envelope to the Department; and
    (e) The name, address, and telephone number of the person
charged with the responsibility of supervising the transfer or
discharge.
 
    Section 3-404. Request for hearing; effect on transfer. A
request for a hearing made under Section 3-403 shall stay a
transfer pending a hearing or appeal of the decision, unless a
condition which would have allowed transfer or discharge in
less than 21 days as described under paragraphs (a) and (b) of
Section 3-402 develops in the interim.
 
    Section 3-405. Copy of notice in resident's record; copy to
Department. A copy of the notice required by Section 3-402
shall be placed in the resident's clinical record and a copy
shall be transmitted to the Department, the resident, and the
resident's representative.
 
    Section 3-406. Medical assistance recipient; transfer or
discharge as result of action by Department of Healthcare and
Family Services. When the basis for an involuntary transfer or
discharge is the result of an action by the Department of
Healthcare and Family Services with respect to a recipient of
assistance under Title XIX of the Social Security Act and a
hearing request is filed with the Department of Healthcare and
Family Services, the 21-day written notice period shall not
begin until a final decision in the matter is rendered by the
Department of Healthcare and Family Services or a court of
competent jurisdiction and notice of that final decision is
received by the resident and the facility.
 
    Section 3-407. Nonpayment as basis for transfer or
discharge. When nonpayment is the basis for involuntary
transfer or discharge, the resident shall have the right to
redeem up to the date that the discharge or transfer is to be
made and then shall have the right to remain in the facility.
 
    Section 3-408. Discussion of planned transfer or
discharge. The planned involuntary transfer or discharge shall
be discussed with the resident, the resident's representative
and person or agency responsible for the resident's placement,
maintenance, and care in the facility. The explanation and
discussion of the reasons for involuntary transfer or discharge
shall include the facility administrator or other appropriate
facility representative as the administrator's designee. The
content of the discussion and explanation shall be summarized
in writing and shall include the names of the individuals
involved in the discussions and made a part of the resident's
clinical record.
 
    Section 3-409. Counseling services. The facility shall
offer the resident counseling services before the transfer or
discharge of the resident.
 
    Section 3-410. Request for hearing on transfer or
discharge. A resident subject to involuntary transfer or
discharge from a facility, the resident's guardian or if the
resident is a minor, his or her parent shall have the
opportunity to file a request for a hearing with the Department
within 10 days following receipt of the written notice of the
involuntary transfer or discharge by the facility.
 
    Section 3-411. Hearing; time. The Department of Public
Health, when the basis for involuntary transfer or discharge is
other than action by the Department of Healthcare and Family
Services with respect to the Title XIX Medicaid recipient,
shall hold a hearing at the resident's facility not later than
10 days after a hearing request is filed, and render a decision
within 14 days after the filing of the hearing request.
 
    Section 3-412. Conduct of hearing. The hearing before the
Department provided under Section 3-411 shall be conducted as
prescribed under Section 3-703. In determining whether a
transfer or discharge is authorized, the burden of proof in
this hearing rests on the person requesting the transfer or
discharge.
 
    Section 3-413. Time for leaving facility. If the Department
determines that a transfer or discharge is authorized under
Section 3-401, the resident shall not be required to leave the
facility before the 34th day following receipt of the notice
required under Section 3-402, or the 10th day following receipt
of the Department's decision, whichever is later, unless a
condition which would have allowed transfer or discharge in
less than 21 days as described under paragraphs (a) and (b) of
Section 3-402 develops in the interim.
 
    Section 3-414. Continuation of medical assistance funding.
The Department of Healthcare and Family Services shall continue
Title XIX Medicaid funding during the appeal, transfer, or
discharge period for those residents who are recipients of
assistance under Title XIX of the Social Security Act affected
by Section 3-401.
 
    Section 3-415. Transfer or discharge by Department;
grounds. The Department may transfer or discharge any resident
from any facility required to be licensed under this Act when
any of the following conditions exist:
    (a) Such facility is operating without a license;
    (b) The Department has suspended, revoked or refused to
renew the license of the facility as provided under Section
3-119;
    (c) The facility has requested the aid of the Department in
the transfer or discharge of the resident and the Department
finds that the resident consents to transfer or discharge;
    (d) The facility is closing or intends to close and
adequate arrangement for relocation of the resident has not
been made at least 30 days prior to closure; or
    (e) The Department determines that an emergency exists
which requires immediate transfer or discharge of the resident.
 
    Section 3-416. Transfer or discharge by Department;
likelihood of serious harm. In deciding to transfer or
discharge a resident from a facility under Section 3-415, the
Department shall consider the likelihood of serious harm which
may result if the resident remains in the facility.
 
    Section 3-417. Relocation assistance. The Department shall
offer transfer or discharge and relocation assistance to
residents transferred or discharged under Sections 3-401
through 3-415, including information on available alternative
placements. Residents shall be involved in planning the
transfer or discharge and shall choose among the available
alternative placements, except that where an emergency makes
prior resident involvement impossible the Department may make a
temporary placement until a final placement can be arranged.
Residents may choose their final alternative placement and
shall be given assistance in transferring to such place. No
resident may be forced to remain in a temporary or permanent
placement. Where the Department makes or participates in making
the relocation decision, consideration shall be given to
proximity to the resident's relatives and friends. The resident
shall be allowed 3 visits to potential alternative placements
prior to removal, except where medically contraindicated or
where the need for immediate transfer or discharge requires
reduction in the number of visits.
 
    Section 3-418. Transfer or discharge plans. The Department
shall prepare resident transfer or discharge plans to assure
safe and orderly removals and protect residents' health,
safety, welfare and rights. In nonemergencies, and where
possible in emergencies, the Department shall design and
implement such plans in advance of transfer or discharge.
 
    Section 3-419. Relocation teams. The Department may place
relocation teams in any facility from which residents are being
discharged or transferred for any reason, for the purpose of
implementing transfer or discharge plans.
 
    Section 3-420. Transfer or discharge by Department;
notice. In any transfer or discharge conducted under Sections
3-415 through 3-418 the Department shall do the following:
    (a) Provide written notice to the facility prior to the
transfer or discharge. The notice shall state the basis for the
order of transfer or discharge and shall inform the facility of
its right to an informal conference prior to transfer or
discharge under this Section, and its right to a subsequent
hearing under Section 3-422. If a facility desires to contest a
nonemergency transfer or discharge, prior to transfer or
discharge it shall, within 4 working days after receipt of the
notice, send a written request for an informal conference to
the Department. The Department shall, within 4 working days
from the receipt of the request, hold an informal conference in
the county in which the facility is located. Following this
conference, the Department may affirm, modify or overrule its
previous decision. Except in an emergency, transfer or
discharge may not begin until the period for requesting a
conference has passed or, if a conference is requested, until
after a conference has been held.
    (b) Provide written notice to any resident to be removed,
to the resident's representative, if any, and to a member of
the resident's family, where practicable, prior to the removal.
The notice shall state the reason for which transfer or
discharge is ordered and shall inform the resident of the
resident's right to challenge the transfer or discharge under
Section 3-422. The Department shall hold an informal conference
with the resident or the resident's representative prior to
transfer or discharge at which the resident or the
representative may present any objections to the proposed
transfer or discharge plan or alternative placement.
 
    Section 3-421. Notice of emergency. In any transfer or
discharge conducted under subsection (e) of Section 3-415, the
Department shall notify the facility and any resident to be
removed that an emergency has been found to exist and removal
has been ordered, and shall involve the residents in removal
planning if possible. Following emergency removal, the
Department shall provide written notice to the facility, to the
resident, to the resident's representative, if any, and to a
member of the resident's family, where practicable, of the
basis for the finding that an emergency existed and of the
right to challenge removal under Section 3-422.
 
    Section 3-422. Hearing to challenge transfer or discharge.
Within 10 days following transfer or discharge, the facility or
any resident transferred or discharged may send a written
request to the Department for a hearing under Section 3-703 to
challenge the transfer or discharge. The Department shall hold
the hearing within 30 days of receipt of the request. The
hearing shall be held at the facility from which the resident
is being transferred or discharged, unless the resident or
resident's representative, requests an alternative hearing
site. If the facility prevails, it may file a claim against the
State under the Court of Claims Act for payments lost less
expenses saved as a result of the transfer or discharge. No
resident transferred or discharged may be held liable for the
charge for care which would have been made had the resident
remained in the facility. If a resident prevails, the resident
may file a claim against the State under the Court of Claims
Act for any excess expenses directly caused by the order to
transfer or discharge. The Department shall assist the resident
in returning to the facility if assistance is requested.
 
    Section 3-423. Closure of facility; notice. Any owner of a
facility licensed under this Act shall give 90 days' notice
prior to voluntarily closing a facility or closing any part of
a facility, or prior to closing any part of a facility if
closing such part will require the transfer or discharge of
more than 10% of the residents. Such notice shall be given to
the Department, to any resident who must be transferred or
discharged, to the resident's representative, and to a member
of the resident's family, where practicable. Notice shall state
the proposed date of closing and the reason for closing. The
facility shall offer to assist the resident in securing an
alternative placement and shall advise the resident on
available alternatives. Where the resident is unable to choose
an alternate placement and is not under guardianship, the
Department shall be notified of the need for relocation
assistance. The facility shall comply with all applicable laws
and regulations until the date of closing, including those
related to transfer or discharge of residents. The Department
may place a relocation team in the facility as provided under
Section 3-419.
 
PART 5. MONITORS AND RECEIVERSHIP

 
    Section 3-501. Monitor or receiver for facility; grounds.
The Department may place an employee or agent to serve as a
monitor in a facility or may petition the circuit court for
appointment of a receiver for a facility, or both, when any of
the following conditions exist:
    (a) The facility is operating without a license;
    (b) The Department has suspended, revoked or refused to
renew the existing license of the facility;
    (c) The facility is closing or has informed the Department
that it intends to close and adequate arrangements for
relocation of residents have not been made at least 30 days
prior to closure;
    (d) The Department determines that an emergency exists,
whether or not it has initiated revocation or nonrenewal
procedures, if because of the unwillingness or inability of the
licensee to remedy the emergency the Department believes a
monitor or receiver is necessary;
    (e) The Department is notified that the facility is
terminated or will not be renewed for participation in the
federal reimbursement program under either Title XVIII or Title
XIX of the Social Security Act. As used in subsection (d) and
Section 3-503, "emergency" means a threat to the health, safety
or welfare of a resident that the facility is unwilling or
unable to correct;
    (f) The facility has been designated a distressed facility
by the Department and does not have a consultant employed
pursuant to subsection (f) of Section 3-304.2 of this Act and
an acceptable plan of improvement, or the Department has reason
to believe the facility is not complying with the plan of
improvement. Nothing in this paragraph (f) shall preclude the
Department from placing a monitor in a facility if otherwise
justified by law; or
    (g) At the discretion of the Department when a review of
facility compliance history, incident reports, or reports of
financial problems raises a concern that a threat to resident
health, safety, or welfare exists.
 
    Section 3-502. Placement of monitor by Department. In any
situation described in Section 3-501, the Department may place
a qualified person to act as monitor in the facility. The
monitor shall observe operation of the facility, assist the
facility by advising it on how to comply with the State
regulations, and shall report periodically to the Department on
the operation of the facility. Once a monitor has been placed,
the Department may retain the monitor until it is satisfied
that the basis for the placement is resolved and the threat to
the health, safety, or welfare of a resident is not likely to
recur.
 
    Section 3-503. Emergency; petition for receiver. Where a
resident, a resident's representative or a resident's next of
kin believes that an emergency exists each of them,
collectively or separately, may file a verified petition to the
circuit court in the county in which the facility is located
for an order placing the facility under the control of a
receiver.
 
    Section 3-504. Hearing on petition for receiver; grounds
for appointment of receiver. The court shall hold a hearing
within 5 days of the filing of the petition. The petition and
notice of the hearing shall be served on the owner,
administrator or designated agent of the facility as provided
under the Civil Practice Law, or the petition and notice of
hearing shall be posted in a conspicuous place in the facility
not later than 3 days before the time specified for the
hearing, unless a different period is fixed by order of the
court. The court shall appoint a receiver if it finds that:
    (a) The facility is operating without a license;
    (b) The Department has suspended, revoked or refused to
renew the existing license of a facility;
    (c) The facility is closing or has informed the Department
that it intends to close and adequate arrangements for
relocation of residents have not been made at least 30 days
prior to closure; or
    (d) An emergency exists, whether or not the Department has
initiated revocation or nonrenewal procedures, if because of
the unwillingness or inability of the licensee to remedy the
emergency the appointment of a receiver is necessary.
 
    Section 3-505. Emergency; time for hearing. If a petition
filed under Section 3-503 alleges that the conditions set out
in subsection 3-504(d) exist within a facility, the court may
set the matter for hearing at the earliest possible time. The
petitioner shall notify the licensee, administrator of the
facility, or registered agent of the licensee prior to the
hearing. Any form of written notice may be used. A receivership
shall not be established ex parte unless the court determines
that the conditions set out in subsection 3-504(d) exist in a
facility; that the licensee cannot be found; and that the
petitioner has exhausted all reasonable means of locating and
notifying the licensee, administrator or registered agent.
 
    Section 3-506. Appointment of receiver. The court may
appoint any qualified person as a receiver, except it shall not
appoint any owner or affiliate of the facility which is in
receivership as its receiver. The Department shall maintain a
list of such persons to operate facilities which the court may
consider. The court shall give preference to licensed nursing
home administrators in appointing a receiver.
 
    Section 3-507. Health, safety, and welfare of residents.
The receiver shall make provisions for the continued health,
safety and welfare of all residents of the facility.
 
    Section 3-508. Receiver's powers and duties. A receiver
appointed under this Act:
    (a) Shall exercise those powers and shall perform those
duties set out by the court.
    (b) Shall operate the facility in such a manner as to
assure safety and adequate health care for the residents.
    (c) Shall have the same rights to possession of the
building in which the facility is located and of all goods and
fixtures in the building at the time the petition for
receivership is filed as the owner would have had if the
receiver had not been appointed, and of all assets of the
facility. The receiver shall take such action as is reasonably
necessary to protect or conserve the assets or property of
which the receiver takes possession, or the proceeds from any
transfer thereof, and may use them only in the performance of
the powers and duties set forth in this Section and by order of
the court.
    (d) May use the building, fixtures, furnishings and any
accompanying consumable goods in the provision of care and
services to residents and to any other persons receiving
services from the facility at the time the petition for
receivership was filed. The receiver shall collect payments for
all goods and services provided to residents or others during
the period of the receivership at the same rate of payment
charged by the owners at the time the petition for receivership
was filed.
    (e) May correct or eliminate any deficiency in the
structure or furnishings of the facility which endangers the
safety or health of residents while they remain in the
facility, provided the total cost of correction does not exceed
$3,000. The court may order expenditures for this purpose in
excess of $3,000 on application from the receiver after notice
to the owner and hearing.
    (f) May let contracts and hire agents and employees to
carry out the powers and duties of the receiver under this
Section.
    (g) Except as specified in Section 3-510, shall honor all
leases, mortgages and secured transactions governing the
building in which the facility is located and all goods and
fixtures in the building of which the receiver has taken
possession, but only to the extent of payments which, in the
case of a rental agreement, are for the use of the property
during the period of the receivership, or which, in the case of
a purchase agreement, come due during the period of the
receivership.
    (h) Shall have full power to direct and manage and to
discharge employees of the facility, subject to any contract
rights they may have. The receiver shall pay employees at the
same rate of compensation, including benefits, that the
employees would have received from the owner. Receivership does
not relieve the owner of any obligation to employees not
carried out by the receiver.
    (i) Shall, if any resident is transferred or discharged,
follow the procedures set forth in Part 4 of this Article.
    (j) Shall be entitled to and shall take possession of all
property or assets of residents which are in the possession of
a facility or its owner. The receiver shall preserve all
property, assets and records of residents of which the receiver
takes possession and shall provide for the prompt transfer of
the property, assets and records to the new placement of any
transferred resident.
    (k) Shall report to the court on any actions he has taken
to bring the facility into compliance with this Act or with
Title XVIII or XIX of the Social Security Act that he believes
should be continued when the receivership is terminated in
order to protect the health, safety or welfare of the
residents.
 
    Section 3-509. Payment for goods or services provided by
receiver.
    (a) A person who is served with notice of an order of the
court appointing a receiver and of the receiver's name and
address shall be liable to pay the receiver for any goods or
services provided by the receiver after the date of the order
if the person would have been liable for the goods or services
as supplied by the owner. The receiver shall give a receipt for
each payment and shall keep a copy of each receipt on file. The
receiver shall deposit amounts received in a separate account
and shall use this account for all disbursements.
    (b) The receiver may bring an action to enforce the
liability created by subsection (a) of this Section.
    (c) A payment to the receiver of any sum owing to the
facility or its owner shall discharge any obligation to the
facility to the extent of the payment.
 
    Section 3-510. Receiver's avoidance of obligations;
reasonable rental, price, or rate of interest to be paid by
receiver.
    (a) A receiver may petition the court that he or she not be
required to honor any lease, mortgage, secured transaction or
other wholly or partially executory contract entered into by
the owner of the facility if the rent, price or rate of
interest required to be paid under the agreement was
substantially in excess of a reasonable rent, price or rate of
interest at the time the contract was entered into, or if any
material provision of the agreement was unreasonable.
    (b) If the receiver is in possession of real estate or
goods subject to a lease, mortgage or security interest which
the receiver has obtained a court order to avoid under
subsection (a) of this Section, and if the real estate or goods
are necessary for the continued operation of the facility under
this Section, the receiver may apply to the court to set a
reasonable rental, price or rate of interest to be paid by the
receiver during the duration of the receivership. The court
shall hold a hearing on the application within 15 days. The
receiver shall send notice of the application to any known
persons who own the property involved at least 10 days prior to
the hearing. Payment by the receiver of the amount determined
by the court to be reasonable is a defense to any action
against the receiver for payment or for possession of the goods
or real estate subject to the lease, security interest or
mortgage involved by any person who received such notice, but
the payment does not relieve the owner of the facility of any
liability for the difference between the amount paid by the
receiver and the amount due under the original lease, security
interest or mortgage involved.
 
    Section 3-511. Insufficient funds collected; reimbursement
of receiver by Department. If funds collected under Sections
3-508 and 3-509 are insufficient to meet the expenses of
performing the powers and duties conferred on the receiver, or
if there are insufficient funds on hand to meet those expenses,
the Department may reimburse the receiver for those expenses
from funds appropriated for its ordinary and contingent
expenses by the General Assembly after funds contained in the
Long Term Care Monitor/Receiver Fund have been exhausted.
 
    Section 3-512. Receiver's compensation. The court shall
set the compensation of the receiver, which will be considered
a necessary expense of a receivership under Section 3-516.
 
    Section 3-513. Action against receiver.
    (a) In any action or special proceeding brought against a
receiver in the receiver's official capacity for acts committed
while carrying out powers and duties under this Article, the
receiver shall be considered a public employee under the Local
Governmental and Governmental Employees Tort Immunity Act, as
now or hereafter amended.
    (b) A receiver may be held liable in a personal capacity
only for the receiver's own gross negligence, intentional acts
or breach of fiduciary duty.
    (c) The court may require a receiver to post a bond.
 
    Section 3-514. License to facility in receivership. Other
provisions of this Act notwithstanding, the Department may
issue a license to a facility placed in receivership. The
duration of a license issued under this Section is limited to
the duration of the receivership.
 
    Section 3-515. Termination of receivership. The court may
terminate a receivership:
    (a) If the time period specified in the order appointing
the receiver elapses and is not extended;
    (b) If the court determines that the receivership is no
longer necessary because the conditions which gave rise to the
receivership no longer exist; or the Department grants the
facility a new license, whether the structure of the facility,
the right to operate the facility, or the land on which it is
located is under the same or different ownership; or
    (c) If all of the residents in the facility have been
transferred or discharged. Before terminating a receivership,
the court may order the Department to require any licensee to
comply with the recommendations of the receiver made under
subsection (k) of Section 3-508. A licensee may petition the
court to be relieved of this requirement.
 
    Section 3-516. Accounting by receiver; Department's lien.
    (a) Within 30 days after termination, the receiver shall
give the court a complete accounting of all property of which
the receiver has taken possession, of all funds collected, and
of the expenses of the receivership.
    (b) If the operating funds collected by the receiver under
Sections 3-508 and 3-509 exceed the reasonable expenses of the
receivership, the court shall order payment of the surplus to
the owner, after reimbursement of funds drawn from the
contingency fund under Section 3-511. If the operating funds
are insufficient to cover the reasonable expenses of the
receivership, the owner shall be liable for the deficiency.
Payment recovered from the owner shall be used to reimburse the
contingency fund for amounts drawn by the receiver under
Section 3-511.
    (c) The Department shall have a lien for any payment made
under Section 3-511 upon any beneficial interest, direct or
indirect, of any owner in the following property:
        (1) The building in which the facility is located;
        (2) Any fixtures, equipment or goods used in the
    operation of the facility;
        (3) The land on which the facility is located; or
        (4) The proceeds from any conveyance of property
    described in subparagraphs (1), (2) or (3) above, made by
    the owner within one year prior to the filing of the
    petition for receivership.
    (d) The lien provided by this Section is prior to any lien
or other interest which originates subsequent to the filing of
a petition for receivership under this Article, except for a
construction or mechanic's lien arising out of work performed
with the express consent of the receiver.
    (e) The receiver shall, within 60 days after termination of
the receivership, file a notice of any lien created under this
Section. If the lien is on real property, the notice shall be
filed with the recorder. If the lien is on personal property,
the lien shall be filed with the Secretary of State. The notice
shall specify the name of the person against whom the lien is
claimed, the name of the receiver, the dates of the petition
for receivership and the termination of receivership, a
description of the property involved and the amount claimed. No
lien shall exist under this Article against any person, on any
property, or for any amount not specified in the notice filed
under this subsection (e).
 
    Section 3-517. Civil and criminal liability during
receivership. Nothing in this Act shall be deemed to relieve
any owner, administrator or employee of a facility placed in
receivership of any civil or criminal liability incurred, or
any duty imposed by law, by reason of acts or omissions of the
owner, administrator, or employee prior to the appointment of a
receiver; nor shall anything contained in this Act be construed
to suspend during the receivership any obligation of the owner,
administrator, or employee for payment of taxes or other
operating and maintenance expenses of the facility nor of the
owner, administrator, employee or any other person for the
payment of mortgages or liens. The owner shall retain the right
to sell or mortgage any facility under receivership, subject to
approval of the court which ordered the receivership.
 
PART 6. DUTIES

 
    Section 3-601. Liability for injury to resident. The owner
and licensee are liable to a resident for any intentional or
negligent act or omission of their agents or employees which
injures the resident.
 
    Section 3-602. Damages for violation of resident's rights.
The licensee shall pay the actual damages and costs and
attorney's fees to a facility resident whose rights, as
specified in Part 1 of Article II of this Act, are violated.
 
    Section 3-603. Action by resident. A resident may maintain
an action under this Act for any other type of relief,
including injunctive and declaratory relief, permitted by law.
 
    Section 3-604. Class action; remedies cumulative. Any
damages recoverable under Sections 3-601 through 3-607,
including minimum damages as provided by these Sections, may be
recovered in any action which a court may authorize to be
brought as a class action pursuant to the Civil Practice Law.
The remedies provided in Sections 3-601 through 3-607, are in
addition to and cumulative with any other legal remedies
available to a resident. Exhaustion of any available
administrative remedies shall not be required prior to
commencement of suit hereunder.
 
    Section 3-605. Amount of damages; no effect on medical
assistance eligibility. The amount of damages recovered by a
resident in an action brought under Sections 3-601 through
3-607 shall be exempt for purposes of determining initial or
continuing eligibility for medical assistance under the
Illinois Public Aid Code, as now or hereafter amended, and
shall neither be taken into consideration nor required to be
applied toward the payment or partial payment of the cost of
medical care or services available under the Illinois Public
Aid Code.
 
    Section 3-606. Waiver of resident's right to bring action
prohibited. Any waiver by a resident or his or her legal
representative of the right to commence an action under
Sections 3-601 through 3-607, whether oral or in writing, shall
be null and void, and without legal force or effect.
 
    Section 3-607. Trial by jury. Any party to an action
brought under Sections 3-601 through 3-607 shall be entitled to
a trial by jury and any waiver of the right to a trial by a
jury, whether oral or in writing, prior to the commencement of
an action, shall be null and void, and without legal force or
effect.
 
    Section 3-608. Retaliation against resident prohibited. A
licensee or its agents or employees shall not transfer,
discharge, evict, harass, dismiss, or retaliate against a
resident, a resident's representative, or an employee or agent
who makes a report under Section 2-107, brings or testifies in
an action under Sections 3-601 through 3-607, or files a
complaint under Section 3-702, because of the report,
testimony, or complaint.
 
    Section 3-609. Immunity from liability for making report.
Any person, institution or agency, under this Act,
participating in good faith in the making of a report, or in
the investigation of such a report shall not be deemed to have
violated any privileged communication and shall have immunity
from any liability, civil, criminal or any other proceedings,
civil or criminal as a consequence of making such report. The
good faith of any persons required to report, or permitted to
report, cases of suspected resident abuse or neglect under this
Act, shall be presumed.
 
    Section 3-610. Duty to report violations.
    (a) A facility employee or agent who becomes aware of abuse
or neglect of a resident prohibited by Section 2-107 shall
immediately report the matter to the Department and to the
facility administrator. A facility administrator who becomes
aware of abuse or neglect of a resident prohibited by Section
2-107 shall immediately report the matter by telephone and in
writing to the resident's representative, and to the
Department. Any person may report a violation of Section 2-107
to the Department.
    (b) A facility employee or agent who becomes aware of
another facility employee or agent's theft or misappropriation
of a resident's property must immediately report the matter to
the facility administrator. A facility administrator who
becomes aware of a facility employee or agent's theft or
misappropriation of a resident's property must immediately
report the matter by telephone and in writing to the resident's
representative, to the Department, and to the local law
enforcement agency. Neither a licensee nor its employees or
agents may dismiss or otherwise retaliate against a facility
employee or agent who reports the theft or misappropriation of
a resident's property under this subsection.
 
    Section 3-611. Employee as perpetrator of abuse. When an
investigation of a report of suspected abuse of a recipient
indicates, based upon credible evidence, that an employee of a
facility is the perpetrator of the abuse, that employee shall
immediately be barred from any further contact with residents
of the facility, pending the outcome of any further
investigation, prosecution or disciplinary action against the
employee.
 
    Section 3-612. Resident as perpetrator of abuse. When an
investigation of a report of suspected abuse of a resident
indicates, based upon credible evidence, that another resident
of the facility is the perpetrator of the abuse, that
resident's condition shall be immediately evaluated to
determine the most suitable therapy and placement for the
resident, considering the safety of that resident as well as
the safety of other residents and employees of the facility.
 
PART 7. COMPLAINT, HEARING, AND APPEAL

 
    Section 3-701. Public nuisance; action for injunction. The
operation or maintenance of a facility in violation of this
Act, or of the rules and regulations promulgated by the
Department, is declared a public nuisance inimical to the
public welfare. The Director in the name of the people of the
State, through the Attorney General, or the State's Attorney of
the county in which the facility is located, or in respect to
any city, village or incorporated town which provides for the
licensing and regulation of any or all such facilities, the
Director or the mayor or president of the Board of Trustees, as
the case may require, of the city, village or incorporated
town, in the name of the people of the State, through the
Attorney General or State's attorney of the county in which the
facility is located, may, in addition to other remedies herein
provided, bring action for an injunction to restrain such
violation or to enjoin the future operation or maintenance of
any such facility.
 
    Section 3-702. Request for investigation of violation.
    (a) A person who believes that this Act or a rule
promulgated under this Act may have been violated may request
an investigation. The request may be submitted to the
Department in writing, by telephone, by electronic means, or by
personal visit. An oral complaint shall be reduced to writing
by the Department. The Department shall make available, through
its website and upon request, information regarding the oral
and phone intake processes and the list of questions that will
be asked of the complainant. The Department shall request
information identifying the complainant, including the name,
address and telephone number, to help enable appropriate follow
up. The Department shall act on such complaints via on-site
visits or other methods deemed appropriate to handle the
complaints with or without such identifying information, as
otherwise provided under this Section. The complainant shall be
informed that compliance with such request is not required to
satisfy the procedures for filing a complaint under this Act.
The Department must notify complainants that complaints with
less information provided are far more difficult to respond to
and investigate.
    (b) The substance of the complaint shall be provided in
writing to the licensee, owner or administrator no earlier than
at the commencement of an on-site inspection of the facility
which takes place pursuant to the complaint.
    (c) The Department shall not disclose the name of the
complainant unless the complainant consents in writing to the
disclosure or the investigation results in a judicial
proceeding, or unless disclosure is essential to the
investigation. The complainant shall be given the opportunity
to withdraw the complaint before disclosure. Upon the request
of the complainant, the Department may permit the complainant
or a representative of the complainant to accompany the person
making the on-site inspection of the facility.
    (d) Upon receipt of a complaint, the Department shall
determine whether this Act or a rule promulgated under this Act
has been or is being violated. The Department shall investigate
all complaints alleging abuse or neglect within 7 days after
the receipt of the complaint except that complaints of abuse or
neglect which indicate that a resident's life or safety is in
imminent danger shall be investigated within 24 hours after
receipt of the complaint. All other complaints shall be
investigated within 30 days after the receipt of the complaint.
The Department employees investigating a complaint shall
conduct a brief, informal exit conference with the facility to
alert its administration of any suspected serious deficiency
that poses a direct threat to the health, safety or welfare of
a resident to enable an immediate correction for the
alleviation or elimination of such threat. Such information and
findings discussed in the brief exit conference shall become a
part of the investigating record but shall not in any way
constitute an official or final notice of violation as provided
under Section 3-301. All complaints shall be classified as "an
invalid report", "a valid report", or "an undetermined report".
For any complaint classified as "a valid report", the
Department must determine within 30 working days if any rule or
provision of this Act has been or is being violated.
    (d-1) The Department shall, whenever possible, combine an
on site investigation of a complaint in a facility with other
inspections in order to avoid duplication of inspections.
    (e) In all cases, the Department shall inform the
complainant of its findings within 10 days of its determination
unless otherwise indicated by the complainant, and the
complainant may direct the Department to send a copy of such
findings to another person. The Department's findings may
include comments or documentation provided by either the
complainant or the licensee pertaining to the complaint. The
Department shall also notify the facility of such findings
within 10 days of the determination, but the name of the
complainant or residents shall not be disclosed in this notice
to the facility. The notice of such findings shall include a
copy of the written determination; the correction order, if
any; the warning notice, if any; the inspection report; or the
State licensure form on which the violation is listed.
    (f) A written determination, correction order, or warning
notice concerning a complaint, together with the facility's
response, shall be available for public inspection, but the
name of the complainant or resident shall not be disclosed
without his or her consent.
    (g) A complainant who is dissatisfied with the
determination or investigation by the Department may request a
hearing under Section 3-703. The facility shall be given notice
of any such hearing and may participate in the hearing as a
party. If a facility requests a hearing under Section 3-703
which concerns a matter covered by a complaint, the complainant
shall be given notice and may participate in the hearing as a
party. A request for a hearing by either a complainant or a
facility shall be submitted in writing to the Department within
30 days after the mailing of the Department's findings as
described in subsection (e) of this Section. Upon receipt of
the request the Department shall conduct a hearing as provided
under Section 3-703.
    (g-5) The Department shall conduct an annual review and
make a report concerning the complaint process that includes
the number of complaints received, the breakdown of anonymous
and non-anonymous complaints and whether the complaints were
substantiated or not, the total number of substantiated
complaints, and any other complaint information requested by
the DD Facility Advisory Board. This report shall be provided
to the DD Facility Advisory Board. The DD Facility Advisory
Board shall review the report and suggest any changes deemed
necessary to the Department for review and action, including
how to investigate and substantiate anonymous complaints.
    (h) Any person who knowingly transmits a false report to
the Department commits the offense of disorderly conduct under
subsection (a)(8) of Section 26-1 of the Criminal Code of 2012.
 
    Section 3-703. Hearing to contest decision; applicable
provisions. Any person requesting a hearing pursuant to
Sections 2-110, 3-115, 3-118, 3-119, 3-119.1, 3-301, 3-303,
3-309, 3-410, 3-422 or 3-702 to contest a decision rendered in
a particular case may have such decision reviewed in accordance
with Sections 3-703 through 3-712.
 
    Section 3-704. Hearing; notice; commencement. A request
for a hearing by aggrieved persons shall be taken to the
Department as follows:
    (a) Upon the receipt of a request in writing for a hearing,
the Director or a person designated in writing by the Director
to act as a hearing officer shall conduct a hearing to review
the decision.
    (b) Before the hearing is held, notice of the hearing shall
be sent by the Department to the person making the request for
the hearing and to the person making the decision which is
being reviewed. In the notice the Department shall specify the
date, time and place of the hearing which shall be held not
less than 10 days after the notice is mailed or delivered. The
notice shall designate the decision being reviewed. The notice
may be served by delivering it personally to the parties or
their representatives or by mailing it by certified mail to the
parties' addresses.
    (c) The Department shall commence the hearing within 30
days of the receipt of request for hearing. The hearing shall
proceed as expeditiously as practicable, but in all cases shall
conclude within 90 days of commencement.
 
    Section 3-705. Subpoenas. The Director or hearing officer
may compel by subpoena or subpoena duces tecum the attendance
and testimony of witnesses and the production of books and
papers, and administer oaths to witnesses.
 
    Section 3-706. Appearance at hearing; depositions; record.
The Director or hearing officer shall permit any party to
appear in person and to be represented by counsel at the
hearing, at which time the applicant or licensee shall be
afforded an opportunity to present all relevant matter in
support of his position. In the event of the inability of any
party or the Department to procure the attendance of witnesses
to give testimony or produce books and papers, any party or the
Department may take the deposition of witnesses in accordance
with the provisions of the laws of this State. All testimony
taken at a hearing shall be reduced to writing, and all such
testimony and other evidence introduced at the hearing shall be
a part of the record of the hearing.
 
    Section 3-707. Findings of fact; decision. The Director or
hearing officer shall make findings of fact in such hearing,
and the Director shall render his or her decision within 30
days after the termination of the hearing, unless additional
time not to exceed 90 days is required by him or her for a
proper disposition of the matter. When the hearing has been
conducted by a hearing officer, the Director shall review the
record and findings of fact before rendering a decision. All
decisions rendered by the Director shall be binding upon and
complied with by the Department, the facility or the persons
involved in the hearing, as appropriate to each case.
 
    Section 3-708. Rules of evidence and procedure. The
Director or hearing officer shall not be bound by common law or
statutory rules of evidence, or by technical or formal rules of
procedure, but shall conduct hearings in the manner best
calculated to result in substantial justice.
 
    Section 3-709. Service of subpoenas; witness fees. All
subpoenas issued by the Director or hearing officer may be
served as provided for in civil actions. The fees of witnesses
for attendance and travel shall be the same as the fees for
witnesses before the circuit court and shall be paid by the
party to such proceeding at whose request the subpoena is
issued. If such subpoena is issued at the request of the
Department or by a person proceeding in forma pauperis the
witness fee shall be paid by the Department as an
administrative expense.
 
    Section 3-710. Compelling obedience to subpoena. In cases
of refusal of a witness to attend or testify or to produce
books or papers, concerning any matter upon which he might be
lawfully examined, the circuit court of the county wherein the
hearing is held, upon application of any party to the
proceeding, may compel obedience by a proceeding for contempt
as in cases of a like refusal to obey a similar order of the
court.
 
    Section 3-711. Record of hearing; transcript. The
Department, at its expense, shall provide a stenographer to
take the testimony, or otherwise record the testimony, and
preserve a record of all proceedings under this Section. The
notice of hearing, the complaint and all other documents in the
nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, and the findings and
decision shall be the record of the proceedings. The Department
shall furnish a transcript of such record to any person
interested in such hearing upon payment therefor of 70 cents
per page for each original transcript and 25 cents per page for
each certified copy thereof. However, the charge for any part
of such transcript ordered and paid for previous to the writing
of the original record shall be 25 cents per page.
 
    Section 3-712. Certification of record; fee. The
Department shall not be required to certify any record or file
any answer or otherwise appear in any proceeding for judicial
review under Section 3-713 of this Act unless there is filed
with the complaint a receipt from the Department acknowledging
payment of the costs of furnishing and certifying the record,
which cost shall be computed at the rate of 95 cents per page
of such record. Failure on the part of the plaintiff to file
such receipt in Court shall be grounds for dismissal of the
action; provided, however, that persons proceeding in forma
pauperis with the approval of the circuit court shall not be
required to pay these fees.
 
    Section 3-713. Judicial review; stay of enforcement of
Department's decision.
    (a) Final administrative decisions after hearing shall be
subject to judicial review exclusively as provided in the
Administrative Review Law, as now or hereafter amended, except
that any petition for judicial review of Department action
under this Act shall be filed within 15 days after receipt of
notice of the final agency determination. The term
"administrative decision" has the meaning ascribed to it in
Section 3-101 of the Code of Civil Procedure.
    (b) The court may stay enforcement of the Department's
final decision or toll the continuing accrual of a penalty
under Section 3-305 if a showing is made that there is a
substantial probability that the party seeking review will
prevail on the merits and will suffer irreparable harm if a
stay is not granted, and that the facility will meet the
requirements of this Act and the rules promulgated under this
Act during such stay. Where a stay is granted the court may
impose such conditions on the granting of the stay as may be
necessary to safeguard the lives, health, rights, safety and
welfare of residents, and to assure compliance by the facility
with the requirements of this Act, including an order for
transfer or discharge of residents under Sections 3-401 through
3-423 or for appointment of a receiver under Sections 3-501
through 3-517.
    (c) Actions brought under this Act shall be set for trial
at the earliest possible date and shall take precedence on the
court calendar over all other cases except matters to which
equal or superior precedence is specifically granted by law.
 
    Section 3-714. Remedies cumulative. The remedies provided
by this Act are cumulative and shall not be construed as
restricting any party from seeking any remedy, provisional or
otherwise, provided by law for the benefit of the party, from
obtaining additional relief based upon the same facts.
 
PART 8. MISCELLANEOUS PROVISIONS

 
    Section 3-801. Rules and regulations. The Department shall
have the power to adopt rules and regulations to carry out the
purpose of this Act.
 
    Section 3-801.1. Access to records of resident with
developmental disabilities. Notwithstanding the other
provisions of this Act to the contrary, the agency designated
by the Governor under Section 1 of "An Act in relation to the
protection and advocacy of the rights of persons with
developmental disabilities, and amending Acts therein named",
enacted by the 84th General Assembly, shall have access to the
records of a person with developmental disabilities who resides
in a facility, subject to the limitations of this Act. The
agency shall also have access for the purpose of inspection and
copying, to the records of a person with developmental
disabilities who resides in any such facility if (1) a
complaint is received by such agency from or on behalf of the
person with a developmental disability, and (2) such person
does not have a guardian or the State or the designee of the
State is the guardian of such person. The designated agency
shall provide written notice to the person with developmental
disabilities and the State guardian of the nature of the
complaint based upon which the designated agency has gained
access to the records. No record or the contents of any record
shall be redisclosed by the designated agency unless the person
with developmental disabilities and the State guardian are
provided 7 days' advance written notice, except in emergency
situations, of the designated agency's intent to redisclose
such record, during which time the person with developmental
disabilities or the State guardian may seek to judicially
enjoin the designated agency's redisclosure of such record on
the grounds that such redisclosure is contrary to the interests
of the person with developmental disabilities. If a person with
developmental disabilities resides in such a facility and has a
guardian other than the State or the designee of the State, the
facility director shall disclose the guardian's name, address,
and telephone number to the designated agency at the agency's
request.
    Upon request, the designated agency shall be entitled to
inspect and copy any records or other materials which may
further the agency's investigation of problems affecting
numbers of persons with developmental disabilities. When
required by law any personally identifiable information of
persons with a developmental disability shall be removed from
the records. However, the designated agency may not inspect or
copy any records or other materials when the removal of
personally identifiable information imposes an unreasonable
burden on the facility. For the purposes of this Section,
"developmental disability" means a severe, chronic disability
of a person which:
        (A) is attributable to a mental or physical impairment
    or combination of mental and physical impairments;
        (B) is manifested before the person attains age 22;
        (C) is likely to continue indefinitely;
        (D) results in substantial functional limitations in 3
    or more of the following areas of major life activity: (i)
    self care, (ii) receptive and expressive language, (iii)
    learning, (iv) mobility, (v) self direction, (vi) capacity
    for independent living, and (vii) economic self
    sufficiency; and
        (E) reflects the person's need for combination and
    sequence of special, interdisciplinary or generic care,
    treatment or other services which are of lifelong or
    extended duration and are individually planned and
    coordinated.
 
    Section 3-801.05. Rules adopted under prior law. The
Department shall adopt rules to implement the changes
concerning licensure of facilities under this Act instead of
under the ID/DD Community Care Act. Until the Department adopts
those rules, the rules adopted under the ID/DD Community Care
Act that apply to long-term care for under age 22 facilities
subject to licensure under the ID/DD Community Care Act shall
apply to medically complex for the developmentally disabled
facilities under this Act.
 
    Section 3-802. Illinois Administrative Procedure Act. The
provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative
rules and procedures of the Department under this Act.
 
    Section 3-803. Treatment by prayer or spiritual means.
Nothing in this Act or the rules and regulations adopted
pursuant thereto shall be construed as authorizing the medical
supervision, regulation, or control of the remedial care or
treatment of residents in any facility conducted for those who
rely upon treatment by prayer or spiritual means in accordance
with the creed or tenets of any well recognized church or
religious denomination.
 
    Section 3-804. Report to General Assembly. The Department
shall report to the General Assembly by April 1 of each year
upon the performance of its inspection, survey and evaluation
duties under this Act, including the number and needs of the
Department personnel engaged in such activities. The report
shall also describe the Department's actions in enforcement of
this Act, including the number and needs of personnel so
engaged. The report shall also include the number of valid and
invalid complaints filed with the Department within the last
calendar year.
 
    Section 3-808. Protocol for sexual assault victims; MC/DD
facility. The Department shall develop a protocol for the care
and treatment of residents who have been sexually assaulted in
a MC/DD facility or elsewhere.
 
    Section 3-808.5. Facility fraud, abuse, or neglect
prevention and reporting.
    (a) A facility licensed to provide care to 17 or more
residents that receives Medicaid funding shall prominently
display in its lobby, in its dining areas, and on each floor of
the facility information approved by the Illinois Medicaid
Fraud Control Unit on how to report fraud, abuse, and neglect.
A facility licensed to provide care to fewer than 17 residents
that receives Medicaid funding shall prominently display in the
facility so as to be easily seen by all residents, visitors,
and employees information approved by the Illinois Medicaid
Fraud Control Unit on how to report fraud, abuse, and neglect.
In addition, information regarding the reporting of fraud,
abuse, and neglect shall be provided to each resident at the
time of admission and to the resident's guardian or resident's
representative.
    (b) Any owner or licensee of a facility licensed under this
Act shall be responsible for the collection and maintenance of
any and all records required to be maintained under this
Section and any other applicable provisions of this Act and as
a provider under the Illinois Public Aid Code, and shall be
responsible for compliance with all of the disclosure
requirements under this Section. All books and records and
other papers and documents that are required to be kept, and
all records showing compliance with all of the disclosure
requirements to be made pursuant to this Section, shall be kept
by the licensee and available at the facility and shall, at all
times during business hours, be subject to inspection by any
law enforcement or health oversight agency or its duly
authorized agents or employees.
    (c) Any report of abuse and neglect of residents made by
any individual in whatever manner, including, but not limited
to, reports made under Sections 2-107 and 3-610 of this Act, or
as provided under the Abused and Neglected Long Term Care
Facility Residents Reporting Act, that is made to an
administrator, a director of nursing, or any other person with
management responsibility at a facility must be disclosed to
the owners and licensee of the facility within 24 hours of the
report. The owners and licensee of a facility shall maintain
all records necessary to show compliance with this disclosure
requirement.
    (d) Any person with an ownership interest in a facility
licensed by the Department must, within 30 days after the
effective date of this Act, disclose the existence of any
ownership interest in any vendor who does business with the
facility. The disclosures required by this subsection (d) shall
be made in the form and manner prescribed by the Department.
Licensed facilities that receive Medicaid funding shall submit
a copy of the disclosures required by this subsection (d) to
the Illinois Medicaid Fraud Control Unit. The owners and
licensee of a facility shall maintain all records necessary to
show compliance with this disclosure requirement.
    (e) Notwithstanding the provisions of Section 3-318 of this
Act and in addition thereto, any person, owner, or licensee who
willfully fails to keep and maintain, or willfully fails to
produce for inspection, books and records, or willfully fails
to make the disclosures required by this Section, is guilty of
a Class A misdemeanor. A second or subsequent violation of this
Section shall be punishable as a Class 4 felony.
    (f) Any owner or licensee who willfully files or willfully
causes to be filed a document with false information with the
Department, the Department of Healthcare and Family Services,
or the Illinois Medicaid Fraud Control Unit or any other law
enforcement agency is guilty of a Class A misdemeanor.
 
    Section 3-810. Whistleblower protection.
    (a) In this Section, "retaliatory action" means the
reprimand, discharge, suspension, demotion, denial of
promotion or transfer, or change in the terms and conditions of
employment of any employee of a facility that is taken in
retaliation for the employee's involvement in a protected
activity as set forth in paragraphs (1), (2), and (3) of
subsection (b) of this Section.
    (b) A facility shall not take any retaliatory action
against an employee of the facility, including a nursing home
administrator, because the employee does any of the following:
        (1) Discloses or threatens to disclose to a supervisor
    or to a public body an activity, inaction, policy, or
    practice implemented by a facility that the employee
    reasonably believes is in violation of a law, rule, or
    regulation.
        (2) Provides information to or testifies before any
    public body conducting an investigation, hearing, or
    inquiry into any violation of a law, rule, or regulation by
    a nursing home administrator.
        (3) Assists or participates in a proceeding to enforce
    the provisions of this Act.
    (c) A violation of this Section may be established only
upon a finding that (1) the employee of the facility engaged in
conduct described in subsection (b) of this Section and (2)
this conduct was a contributing factor in the retaliatory
action alleged by the employee. There is no violation of this
Section, however, if the facility demonstrates by clear and
convincing evidence that it would have taken the same
unfavorable personnel action in the absence of that conduct.
    (d) The employee of the facility may be awarded all
remedies necessary to make the employee whole and to prevent
future violations of this Section. Remedies imposed by the
court may include, but are not limited to, all of the
following:
        (1) Reinstatement of the employee to either the same
    position held before the retaliatory action or to an
    equivalent position.
        (2) Two times the amount of back pay.
        (3) Interest on the back pay.
        (4) Reinstatement of full fringe benefits and
    seniority rights.
        (5) Payment of reasonable costs and attorney's fees.
    (e) Nothing in this Section shall be deemed to diminish the
rights, privileges, or remedies of an employee of a facility
under any other federal or State law, rule, or regulation or
under any employment contract.
 
    Section 5. The Election Code is amended by changing
Sections 3-3, 4-6.3, 4-10, 5-9, 5-16.3, 6-50.3, 6-56, 19-4,
19-12.1, and 19-12.2 as follows:
 
    (10 ILCS 5/3-3)  (from Ch. 46, par. 3-3)
    Sec. 3-3. Every honorably discharged soldier or sailor who
is an inmate of any soldiers' and sailors' home within the
State of Illinois, any person who is a resident of a facility
licensed or certified pursuant to the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, or the MC/DD Act, or any person
who is a resident of a community-integrated living arrangement,
as defined in Section 3 of the Community-Integrated Living
Arrangements Licensure and Certification Act, for 30 days or
longer, and who is a citizen of the United States and has
resided in this State and in the election district 30 days next
preceding any election shall be entitled to vote in the
election district in which any such home or
community-integrated living arrangement in which he is an
inmate or resident is located, for all officers that now are or
hereafter may be elected by the people, and upon all questions
that may be submitted to the vote of the people: Provided, that
he shall declare upon oath, that it was his bona fide intention
at the time he entered said home or community-integrated living
arrangement to become a resident thereof.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
 
    (10 ILCS 5/4-6.3)  (from Ch. 46, par. 4-6.3)
    (Text of Section before amendment by P.A. 98-1171)
    Sec. 4-6.3. The county clerk may establish a temporary
place of registration for such times and at such locations
within the county as the county clerk may select. However, no
temporary place of registration may be in operation during the
27 days preceding an election. Notice of the time and place of
registration under this Section shall be published by the
county clerk in a newspaper having a general circulation in the
county not less than 3 nor more than 15 days before the holding
of such registration.
    Temporary places of registration shall be established so
that the areas of concentration of population or use by the
public are served, whether by facilities provided in places of
private business or in public buildings or in mobile units.
Areas which may be designated as temporary places of
registration include, but are not limited to, facilities
licensed or certified pursuant to the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, Soldiers' and Sailors' Homes,
shopping centers, business districts, public buildings and
county fairs.
    Temporary places of registration shall be available to the
public not less than 2 hours per year for each 1,000 population
or fraction thereof in the county.
    All temporary places of registration shall be manned by
deputy county clerks or deputy registrars appointed pursuant to
Section 4-6.2.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
 
    (Text of Section after amendment by P.A. 98-1171)
    Sec. 4-6.3. The county clerk may establish a temporary
place of registration for such times and at such locations
within the county as the county clerk may select. Notice of the
time and place of registration under this Section shall be
published by the county clerk in a newspaper having a general
circulation in the county not less than 3 nor more than 15 days
before the holding of such registration.
    Temporary places of registration shall be established so
that the areas of concentration of population or use by the
public are served, whether by facilities provided in places of
private business or in public buildings or in mobile units.
Areas which may be designated as temporary places of
registration include, but are not limited to, facilities
licensed or certified pursuant to the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, or the MC/DD Act, Soldiers' and
Sailors' Homes, shopping centers, business districts, public
buildings and county fairs.
    Temporary places of registration shall be available to the
public not less than 2 hours per year for each 1,000 population
or fraction thereof in the county.
    All temporary places of registration shall be manned by
deputy county clerks or deputy registrars appointed pursuant to
Section 4-6.2.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15.)
 
    (10 ILCS 5/4-10)  (from Ch. 46, par. 4-10)
    (Text of Section before amendment by P.A. 98-1171)
    Sec. 4-10. Except as herein provided, no person shall be
registered, unless he applies in person to a registration
officer, answers such relevant questions as may be asked of him
by the registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
    One of the registration officers or a deputy registration
officer, county clerk, or clerk in the office of the county
clerk, shall administer to all persons who shall personally
apply to register the following oath or affirmation:
    "You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your name, place of residence, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
    The registration officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act of 2013, or the ID/DD Community Care
Act, the following question shall be put, "When you entered the
home which is your present address, was it your bona fide
intention to become a resident thereof?" Any voter of a
township, city, village or incorporated town in which such
applicant resides, shall be permitted to be present at the
place of any precinct registration and shall have the right to
challenge any applicant who applies to be registered.
    In case the officer is not satisfied that the applicant is
qualified he shall forthwith notify such applicant in writing
to appear before the county clerk to complete his registration.
Upon the card of such applicant shall be written the word
"incomplete" and no such applicant shall be permitted to vote
unless such registration is satisfactorily completed as
hereinafter provided. No registration shall be taken and marked
as incomplete if information to complete it can be furnished on
the date of the original application.
    Any person claiming to be an elector in any election
precinct and whose registration card is marked "Incomplete" may
make and sign an application in writing, under oath, to the
county clerk in substance in the following form:
    "I do solemnly swear that I, ...., did on (insert date)
make application to the board of registry of the .... precinct
of the township of .... (or to the county clerk of .... county)
and that said board or clerk refused to complete my
registration as a qualified voter in said precinct. That I
reside in said precinct, that I intend to reside in said
precinct, and am a duly qualified voter of said precinct and am
entitled to be registered to vote in said precinct at the next
election.
(Signature of applicant) ............................."
 
    All such applications shall be presented to the county
clerk or to his duly authorized representative by the
applicant, in person between the hours of 9:00 a.m. and 5:00
p.m. on any day after the days on which the 1969 and 1970
precinct re-registrations are held but not on any day within 27
days preceding the ensuing general election and thereafter for
the registration provided in Section 4-7 all such applications
shall be presented to the county clerk or his duly authorized
representative by the applicant in person between the hours of
9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
the ensuing general election. Such application shall be heard
by the county clerk or his duly authorized representative at
the time the application is presented. If the applicant for
registration has registered with the county clerk, such
application may be presented to and heard by the county clerk
or by his duly authorized representative upon the dates
specified above or at any time prior thereto designated by the
county clerk.
    Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article, or by simultaneous
application for absentee registration and absentee ballot as
provided in Article 20 of this Code.
    Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:
    Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
    Sex.
    Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
    Electronic mail address, if the registrant has provided
this information.
    Term of residence in the State of Illinois and the
precinct.
    Nativity. The State or country in which the applicant was
born.
    Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
    Age. Date of birth, by month, day and year.
    Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of ...........)  
                   )ss
County of ..........)
    I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois and in the election
precinct 30 days; that I am fully qualified to vote, that I am
not registered to vote anywhere else in the United States, that
I intend to remain a resident of the State of Illinois and of
the election precinct, that I intend to return to the State of
Illinois, and that the above statements are true.
..............................
(His or her signature or mark)
    Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.
    Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 4-8 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
98-756, eff. 7-16-14.)
 
    (Text of Section after amendment by P.A. 98-1171)
    Sec. 4-10. Except as herein provided, no person shall be
registered, unless he applies in person to a registration
officer, answers such relevant questions as may be asked of him
by the registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
    One of the registration officers or a deputy registration
officer, county clerk, or clerk in the office of the county
clerk, shall administer to all persons who shall personally
apply to register the following oath or affirmation:
    "You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your name, place of residence, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
    The registration officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act of 2013, or the ID/DD Community Care
Act, or the MC/DD Act, the following question shall be put,
"When you entered the home which is your present address, was
it your bona fide intention to become a resident thereof?" Any
voter of a township, city, village or incorporated town in
which such applicant resides, shall be permitted to be present
at the place of any precinct registration and shall have the
right to challenge any applicant who applies to be registered.
    In case the officer is not satisfied that the applicant is
qualified he shall forthwith notify such applicant in writing
to appear before the county clerk to complete his registration.
Upon the card of such applicant shall be written the word
"incomplete" and no such applicant shall be permitted to vote
unless such registration is satisfactorily completed as
hereinafter provided. No registration shall be taken and marked
as incomplete if information to complete it can be furnished on
the date of the original application.
    Any person claiming to be an elector in any election
precinct and whose registration card is marked "Incomplete" may
make and sign an application in writing, under oath, to the
county clerk in substance in the following form:
    "I do solemnly swear that I, ...., did on (insert date)
make application to the board of registry of the .... precinct
of the township of .... (or to the county clerk of .... county)
and that said board or clerk refused to complete my
registration as a qualified voter in said precinct. That I
reside in said precinct, that I intend to reside in said
precinct, and am a duly qualified voter of said precinct and am
entitled to be registered to vote in said precinct at the next
election.
(Signature of applicant) ............................."
 
    All such applications shall be presented to the county
clerk or to his duly authorized representative by the
applicant, in person between the hours of 9:00 a.m. and 5:00
p.m. on any day after the days on which the 1969 and 1970
precinct re-registrations are held but not on any day within 27
days preceding the ensuing general election and thereafter for
the registration provided in Section 4-7 all such applications
shall be presented to the county clerk or his duly authorized
representative by the applicant in person between the hours of
9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
the ensuing general election. Such application shall be heard
by the county clerk or his duly authorized representative at
the time the application is presented. If the applicant for
registration has registered with the county clerk, such
application may be presented to and heard by the county clerk
or by his duly authorized representative upon the dates
specified above or at any time prior thereto designated by the
county clerk.
    Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article, or by simultaneous
application for registration by mail and vote by mail ballot as
provided in Article 20 of this Code.
    Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:
    Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
    Sex.
    Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
    Electronic mail address, if the registrant has provided
this information.
    Term of residence in the State of Illinois and the
precinct.
    Nativity. The State or country in which the applicant was
born.
    Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
    Age. Date of birth, by month, day and year.
    Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of ...........)  
                   )ss
County of ..........)
    I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois and in the election
precinct 30 days; that I am fully qualified to vote, that I am
not registered to vote anywhere else in the United States, that
I intend to remain a resident of the State of Illinois and of
the election precinct, that I intend to return to the State of
Illinois, and that the above statements are true.
..............................
(His or her signature or mark)
    Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.
    Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 4-8 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
98-756, eff. 7-16-14; 98-1171, eff. 6-1-15.)
 
    (10 ILCS 5/5-9)  (from Ch. 46, par. 5-9)
    (Text of Section before amendment by P.A. 98-1171)
    Sec. 5-9. Except as herein provided, no person shall be
registered unless he applies in person to registration officer,
answers such relevant questions as may be asked of him by the
registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
    One of the Deputy Registrars, the Judge of Registration, or
an Officer of Registration, County Clerk, or clerk in the
office of the County Clerk, shall administer to all persons who
shall personally apply to register the following oath or
affirmation:
    "You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your place of residence, name, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
    The Registration Officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act of 2013, or the ID/DD Community Care
Act, the following question shall be put, "When you entered the
home which is your present address, was it your bona fide
intention to become a resident thereof?" Any voter of a
township, city, village or incorporated town in which such
applicant resides, shall be permitted to be present at the
place of precinct registration, and shall have the right to
challenge any applicant who applies to be registered.
    In case the officer is not satisfied that the applicant is
qualified, he shall forthwith in writing notify such applicant
to appear before the County Clerk to furnish further proof of
his qualifications. Upon the card of such applicant shall be
written the word "Incomplete" and no such applicant shall be
permitted to vote unless such registration is satisfactorily
completed as hereinafter provided. No registration shall be
taken and marked as "incomplete" if information to complete it
can be furnished on the date of the original application.
    Any person claiming to be an elector in any election
precinct in such township, city, village or incorporated town
and whose registration is marked "Incomplete" may make and sign
an application in writing, under oath, to the County Clerk in
substance in the following form:
    "I do solemnly swear that I, .........., did on (insert
date) make application to the Board of Registry of the ........
precinct of ........ ward of the City of .... or of the
......... District ......... Town of .......... (or to the
County Clerk of .............) and ............ County; that
said Board or Clerk refused to complete my registration as a
qualified voter in said precinct, that I reside in said
precinct (or that I intend to reside in said precinct), am a
duly qualified voter and entitled to vote in said precinct at
the next election.
...........................
(Signature of Applicant)"
    All such applications shall be presented to the County
Clerk by the applicant, in person between the hours of nine
o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
the third week subsequent to the weeks in which the 1961 and
1962 precinct re-registrations are to be held, and thereafter
for the registration provided in Section 5-17 of this Article,
all such applications shall be presented to the County Clerk by
the applicant in person between the hours of nine o'clock a.m.
and nine o'clock p.m. on Monday and Tuesday of the third week
prior to the date on which such election is to be held.
    Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article or by simultaneous
application for absentee registration and absentee ballot as
provided in Article 20 of this Code.
    Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:
    Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
    Sex.
    Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
    Electronic mail address, if the registrant has provided
this information.
    Term of residence in the State of Illinois and the
precinct.
    Nativity. The State or country in which the applicant was
born.
    Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
    Age. Date of birth, by month, day and year.
    Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of .........)  
                 )ss
County of ........)
    I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois for 6 months and in the
election precinct 30 days; that I am fully qualified to vote,
that I am not registered to vote anywhere else in the United
States, that I intend to remain a resident of the State of
Illinois and of the election precinct, that I intend to return
to the State of Illinois, and that the above statements are
true.
..............................
(His or her signature or mark)
    Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.

 
    Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 5-7 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
98-756, eff. 7-16-14.)
 
    (Text of Section after amendment by P.A. 98-1171)
    Sec. 5-9. Except as herein provided, no person shall be
registered unless he applies in person to registration officer,
answers such relevant questions as may be asked of him by the
registration officer, and executes the affidavit of
registration. The registration officer shall require the
applicant to furnish two forms of identification, and except in
the case of a homeless individual, one of which must include
his or her residence address. These forms of identification
shall include, but not be limited to, any of the following:
driver's license, social security card, public aid
identification card, utility bill, employee or student
identification card, lease or contract for a residence, credit
card, or a civic, union or professional association membership
card. The registration officer shall require a homeless
individual to furnish evidence of his or her use of the mailing
address stated. This use may be demonstrated by a piece of mail
addressed to that individual and received at that address or by
a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant
for registration to read or have read to him the affidavit of
registration before permitting him to execute the affidavit.
    One of the Deputy Registrars, the Judge of Registration, or
an Officer of Registration, County Clerk, or clerk in the
office of the County Clerk, shall administer to all persons who
shall personally apply to register the following oath or
affirmation:
    "You do solemnly swear (or affirm) that you will fully and
truly answer all such questions as shall be put to you touching
your place of residence, name, place of birth, your
qualifications as an elector and your right as such to register
and vote under the laws of the State of Illinois."
    The Registration Officer shall satisfy himself that each
applicant for registration is qualified to register before
registering him. If the registration officer has reason to
believe that the applicant is a resident of a Soldiers' and
Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act of 2013, or the ID/DD Community Care
Act, or the MC/DD Act, the following question shall be put,
"When you entered the home which is your present address, was
it your bona fide intention to become a resident thereof?" Any
voter of a township, city, village or incorporated town in
which such applicant resides, shall be permitted to be present
at the place of precinct registration, and shall have the right
to challenge any applicant who applies to be registered.
    In case the officer is not satisfied that the applicant is
qualified, he shall forthwith in writing notify such applicant
to appear before the County Clerk to furnish further proof of
his qualifications. Upon the card of such applicant shall be
written the word "Incomplete" and no such applicant shall be
permitted to vote unless such registration is satisfactorily
completed as hereinafter provided. No registration shall be
taken and marked as "incomplete" if information to complete it
can be furnished on the date of the original application.
    Any person claiming to be an elector in any election
precinct in such township, city, village or incorporated town
and whose registration is marked "Incomplete" may make and sign
an application in writing, under oath, to the County Clerk in
substance in the following form:
    "I do solemnly swear that I, .........., did on (insert
date) make application to the Board of Registry of the ........
precinct of ........ ward of the City of .... or of the
......... District ......... Town of .......... (or to the
County Clerk of .............) and ............ County; that
said Board or Clerk refused to complete my registration as a
qualified voter in said precinct, that I reside in said
precinct (or that I intend to reside in said precinct), am a
duly qualified voter and entitled to vote in said precinct at
the next election.
...........................
(Signature of Applicant)"
    All such applications shall be presented to the County
Clerk by the applicant, in person between the hours of nine
o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
the third week subsequent to the weeks in which the 1961 and
1962 precinct re-registrations are to be held, and thereafter
for the registration provided in Section 5-17 of this Article,
all such applications shall be presented to the County Clerk by
the applicant in person between the hours of nine o'clock a.m.
and nine o'clock p.m. on Monday and Tuesday of the third week
prior to the date on which such election is to be held.
    Any otherwise qualified person who is absent from his
county of residence either due to business of the United States
or because he is temporarily outside the territorial limits of
the United States may become registered by mailing an
application to the county clerk within the periods of
registration provided for in this Article or by simultaneous
application for registration by mail and vote by mail ballot as
provided in Article 20 of this Code.
    Upon receipt of such application the county clerk shall
immediately mail an affidavit of registration in duplicate,
which affidavit shall contain the following and such other
information as the State Board of Elections may think it proper
to require for the identification of the applicant:
    Name. The name of the applicant, giving surname and first
or Christian name in full, and the middle name or the initial
for such middle name, if any.
    Sex.
    Residence. The name and number of the street, avenue or
other location of the dwelling, and such additional clear and
definite description as may be necessary to determine the exact
location of the dwelling of the applicant. Where the location
cannot be determined by street and number, then the Section,
congressional township and range number may be used, or such
other information as may be necessary, including post office
mailing address.
    Electronic mail address, if the registrant has provided
this information.
    Term of residence in the State of Illinois and the
precinct.
    Nativity. The State or country in which the applicant was
born.
    Citizenship. Whether the applicant is native born or
naturalized. If naturalized, the court, place and date of
naturalization.
    Age. Date of birth, by month, day and year.
    Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of .........)  
                 )ss
County of ........)
    I hereby swear (or affirm) that I am a citizen of the
United States; that on the day of the next election I shall
have resided in the State of Illinois for 6 months and in the
election precinct 30 days; that I am fully qualified to vote,
that I am not registered to vote anywhere else in the United
States, that I intend to remain a resident of the State of
Illinois and of the election precinct, that I intend to return
to the State of Illinois, and that the above statements are
true.
..............................
(His or her signature or mark)
    Subscribed and sworn to before me, an officer qualified to
administer oaths, on (insert date).
........................................
Signature of officer administering oath.

 
    Upon receipt of the executed duplicate affidavit of
Registration, the county clerk shall transfer the information
contained thereon to duplicate Registration Cards provided for
in Section 5-7 of this Article and shall attach thereto a copy
of each of the duplicate affidavit of registration and
thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he
had applied for registration in person.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
98-756, eff. 7-16-14; 98-1171, eff. 6-1-15.)
 
    (10 ILCS 5/5-16.3)  (from Ch. 46, par. 5-16.3)
    (Text of Section before amendment by P.A. 98-1171)
    Sec. 5-16.3. The county clerk may establish temporary
places of registration for such times and at such locations
within the county as the county clerk may select. However, no
temporary place of registration may be in operation during the
27 days preceding an election. Notice of time and place of
registration at any such temporary place of registration under
this Section shall be published by the county clerk in a
newspaper having a general circulation in the county not less
than 3 nor more than 15 days before the holding of such
registration.
    Temporary places of registration shall be established so
that the areas of concentration of population or use by the
public are served, whether by facilities provided in places of
private business or in public buildings or in mobile units.
Areas which may be designated as temporary places of
registration include, but are not limited to, facilities
licensed or certified pursuant to the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, Soldiers' and Sailors' Homes,
shopping centers, business districts, public buildings and
county fairs.
    Temporary places of registration shall be available to the
public not less than 2 hours per year for each 1,000 population
or fraction thereof in the county.
    All temporary places of registration shall be manned by
deputy county clerks or deputy registrars appointed pursuant to
Section 5-16.2.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
 
    (Text of Section after amendment by P.A. 98-1171)
    Sec. 5-16.3. The county clerk may establish temporary
places of registration for such times and at such locations
within the county as the county clerk may select. Notice of
time and place of registration at any such temporary place of
registration under this Section shall be published by the
county clerk in a newspaper having a general circulation in the
county not less than 3 nor more than 15 days before the holding
of such registration.
    Temporary places of registration shall be established so
that the areas of concentration of population or use by the
public are served, whether by facilities provided in places of
private business or in public buildings or in mobile units.
Areas which may be designated as temporary places of
registration include, but are not limited to, facilities
licensed or certified pursuant to the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, or the MC/DD Act, Soldiers' and
Sailors' Homes, shopping centers, business districts, public
buildings and county fairs.
    Temporary places of registration shall be available to the
public not less than 2 hours per year for each 1,000 population
or fraction thereof in the county.
    All temporary places of registration shall be manned by
deputy county clerks or deputy registrars appointed pursuant to
Section 5-16.2.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15.)
 
    (10 ILCS 5/6-50.3)  (from Ch. 46, par. 6-50.3)
    (Text of Section before amendment by P.A. 98-1171)
    Sec. 6-50.3. The board of election commissioners may
establish temporary places of registration for such times and
at such locations as the board may select. However, no
temporary place of registration may be in operation during the
27 days preceding an election. Notice of the time and place of
registration at any such temporary place of registration under
this Section shall be published by the board of election
commissioners in a newspaper having a general circulation in
the city, village or incorporated town not less than 3 nor more
than 15 days before the holding of such registration.
    Temporary places of registration shall be established so
that the areas of concentration of population or use by the
public are served, whether by facilities provided in places of
private business or in public buildings or in mobile units.
Areas which may be designated as temporary places of
registration include, but are not limited to, facilities
licensed or certified pursuant to the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, Soldiers' and Sailors' Homes,
shopping centers, business districts, public buildings and
county fairs.
    Temporary places of registration shall be available to the
public not less than 2 hours per year for each 1,000 population
or fraction thereof in the county.
    All temporary places of registration shall be manned by
employees of the board of election commissioners or deputy
registrars appointed pursuant to Section 6-50.2.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
 
    (Text of Section after amendment by P.A. 98-1171)
    Sec. 6-50.3. The board of election commissioners may
establish temporary places of registration for such times and
at such locations as the board may select. Notice of the time
and place of registration at any such temporary place of
registration under this Section shall be published by the board
of election commissioners in a newspaper having a general
circulation in the city, village or incorporated town not less
than 3 nor more than 15 days before the holding of such
registration.
    Temporary places of registration shall be established so
that the areas of concentration of population or use by the
public are served, whether by facilities provided in places of
private business or in public buildings or in mobile units.
Areas which may be designated as temporary places of
registration include, but are not limited to, facilities
licensed or certified pursuant to the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, or the MC/DD Act, Soldiers' and
Sailors' Homes, shopping centers, business districts, public
buildings and county fairs.
    Temporary places of registration shall be available to the
public not less than 2 hours per year for each 1,000 population
or fraction thereof in the county.
    All temporary places of registration shall be manned by
employees of the board of election commissioners or deputy
registrars appointed pursuant to Section 6-50.2.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15.)
 
    (10 ILCS 5/6-56)  (from Ch. 46, par. 6-56)
    Sec. 6-56. Not more than 30 nor less than 28 days before
any election under this Article, all owners, managers,
administrators or operators of hotels, lodging houses, rooming
houses, furnished apartments or facilities licensed or
certified under the Nursing Home Care Act, which house 4 or
more persons, outside the members of the family of such owner,
manager, administrator or operator, shall file with the board
of election commissioners a report, under oath, together with
one copy thereof, in such form as may be required by the board
of election commissioners, of the names and descriptions of all
lodgers, guests or residents claiming a voting residence at the
hotels, lodging houses, rooming houses, furnished apartments,
or facility licensed or certified under the Nursing Home Care
Act, the Specialized Mental Health Rehabilitation Act of 2013,
or the ID/DD Community Care Act, or the MC/DD Act under their
control. In counties having a population of 500,000 or more
such report shall be made on forms mailed to them by the board
of election commissioners. The board of election commissioners
shall sort and assemble the sworn copies of the reports in
numerical order according to ward and according to precincts
within each ward and shall, not later than 5 days after the
last day allowed by this Article for the filing of the reports,
maintain one assembled set of sworn duplicate reports available
for public inspection until 60 days after election days. Except
as is otherwise expressly provided in this Article, the board
shall not be required to perform any duties with respect to the
sworn reports other than to mail, sort, assemble, post and file
them as hereinabove provided.
    Except in such cases where a precinct canvass is being
conducted by the Board of Election Commissioners prior to a
Primary or Election, the board of election commissioners shall
compare the original copy of each such report with the list of
registered voters from such addresses. Every person registered
from such address and not listed in such report or whose name
is different from any name so listed, shall immediately after
the last day of registration be sent a notice through the
United States mail, at the address appearing upon his
registration record card, requiring him to appear before the
board of election commissioners on one of the days specified in
Section 6-45 of this Article and show cause why his
registration should not be cancelled. The provisions of
Sections 6-45, 6-46 and 6-47 of this Article shall apply to
such hearing and proceedings subsequent thereto.
    Any owner, manager or operator of any such hotel, lodging
house, rooming house or furnished apartment who shall fail or
neglect to file such statement and copy thereof as in this
Article provided, may, upon written information of the attorney
for the election commissioners, be cited by the election
commissioners or upon the complaint of any voter of such city,
village or incorporated town, to appear before them and furnish
such sworn statement and copy thereof and make such oral
statements under oath regarding such hotel, lodging house,
rooming house or furnished apartment, as the election
commissioners may require. The election commissioners shall
sit to hear such citations on the Friday of the fourth week
preceding the week in which such election is to be held. Such
citation shall be served not later than the day preceding the
day on which it is returnable.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
 
    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
    (Text of Section before amendment by P.A. 98-1171)
    Sec. 19-4. Mailing or delivery of ballots; time.
Immediately upon the receipt of such application either by mail
or electronic means, not more than 40 days nor less than 5 days
prior to such election, or by personal delivery not more than
40 days nor less than one day prior to such election, at the
office of such election authority, it shall be the duty of such
election authority to examine the records to ascertain whether
or not such applicant is lawfully entitled to vote as
requested, including a verification of the applicant's
signature by comparison with the signature on the official
registration record card, and if found so to be entitled to
vote, to post within one business day thereafter the name,
street address, ward and precinct number or township and
district number, as the case may be, of such applicant given on
a list, the pages of which are to be numbered consecutively to
be kept by such election authority for such purpose in a
conspicuous, open and public place accessible to the public at
the entrance of the office of such election authority, and in
such a manner that such list may be viewed without necessity of
requesting permission therefor. Within one day after posting
the name and other information of an applicant for an absentee
ballot, the election authority shall transmit by electronic
means pursuant to a process established by the State Board of
Elections that name and other posted information to the State
Board of Elections, which shall maintain those names and other
information in an electronic format on its website, arranged by
county and accessible to State and local political committees.
Within 2 business days after posting a name and other
information on the list within its office, the election
authority shall mail, postage prepaid, or deliver in person in
such office an official ballot or ballots if more than one are
to be voted at said election. Mail delivery of Temporarily
Absent Student ballot applications pursuant to Section 19-12.3
shall be by nonforwardable mail. However, for the consolidated
election, absentee ballots for certain precincts may be
delivered to applicants not less than 25 days before the
election if so much time is required to have prepared and
printed the ballots containing the names of persons nominated
for offices at the consolidated primary. The election authority
shall enclose with each absentee ballot or application written
instructions on how voting assistance shall be provided
pursuant to Section 17-14 and a document, written and approved
by the State Board of Elections, enumerating the circumstances
under which a person is authorized to vote by absentee ballot
pursuant to this Article; such document shall also include a
statement informing the applicant that if he or she falsifies
or is solicited by another to falsify his or her eligibility to
cast an absentee ballot, such applicant or other is subject to
penalties pursuant to Section 29-10 and Section 29-20 of the
Election Code. Each election authority shall maintain a list of
the name, street address, ward and precinct, or township and
district number, as the case may be, of all applicants who have
returned absentee ballots to such authority, and the name of
such absent voter shall be added to such list within one
business day from receipt of such ballot. If the absentee
ballot envelope indicates that the voter was assisted in
casting the ballot, the name of the person so assisting shall
be included on the list. The list, the pages of which are to be
numbered consecutively, shall be kept by each election
authority in a conspicuous, open, and public place accessible
to the public at the entrance of the office of the election
authority and in a manner that the list may be viewed without
necessity of requesting permission for viewing.
    Each election authority shall maintain a list for each
election of the voters to whom it has issued absentee ballots.
The list shall be maintained for each precinct within the
jurisdiction of the election authority. Prior to the opening of
the polls on election day, the election authority shall deliver
to the judges of election in each precinct the list of
registered voters in that precinct to whom absentee ballots
have been issued by mail.
    Each election authority shall maintain a list for each
election of voters to whom it has issued temporarily absent
student ballots. The list shall be maintained for each election
jurisdiction within which such voters temporarily abide.
Immediately after the close of the period during which
application may be made by mail or electronic means for
absentee ballots, each election authority shall mail to each
other election authority within the State a certified list of
all such voters temporarily abiding within the jurisdiction of
the other election authority.
    In the event that the return address of an application for
ballot by a physically incapacitated elector is that of a
facility licensed or certified under the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, within the jurisdiction of the
election authority, and the applicant is a registered voter in
the precinct in which such facility is located, the ballots
shall be prepared and transmitted to a responsible judge of
election no later than 9 a.m. on the Saturday, Sunday or Monday
immediately preceding the election as designated by the
election authority under Section 19-12.2. Such judge shall
deliver in person on the designated day the ballot to the
applicant on the premises of the facility from which
application was made. The election authority shall by mail
notify the applicant in such facility that the ballot will be
delivered by a judge of election on the designated day.
    All applications for absentee ballots shall be available at
the office of the election authority for public inspection upon
request from the time of receipt thereof by the election
authority until 30 days after the election, except during the
time such applications are kept in the office of the election
authority pursuant to Section 19-7, and except during the time
such applications are in the possession of the judges of
election.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 7-29-13;
98-756, eff. 7-16-14.)
 
    (Text of Section after amendment by P.A. 98-1171)
    Sec. 19-4. Mailing or delivery of ballots; time.
Immediately upon the receipt of such application either by mail
or electronic means, not more than 90 days nor less than 5 days
prior to such election, or by personal delivery not more than
90 days nor less than one day prior to such election, at the
office of such election authority, it shall be the duty of such
election authority to examine the records to ascertain whether
or not such applicant is lawfully entitled to vote as
requested, including a verification of the applicant's
signature by comparison with the signature on the official
registration record card, and if found so to be entitled to
vote, to post within one business day thereafter the name,
street address, ward and precinct number or township and
district number, as the case may be, of such applicant given on
a list, the pages of which are to be numbered consecutively to
be kept by such election authority for such purpose in a
conspicuous, open and public place accessible to the public at
the entrance of the office of such election authority, and in
such a manner that such list may be viewed without necessity of
requesting permission therefor. Within one day after posting
the name and other information of an applicant for a vote by
mail ballot, the election authority shall transmit by
electronic means pursuant to a process established by the State
Board of Elections that name and other posted information to
the State Board of Elections, which shall maintain those names
and other information in an electronic format on its website,
arranged by county and accessible to State and local political
committees. Within 2 business days after posting a name and
other information on the list within its office, but no sooner
than 40 days before an election, the election authority shall
mail, postage prepaid, or deliver in person in such office an
official ballot or ballots if more than one are to be voted at
said election. Mail delivery of Temporarily Absent Student
ballot applications pursuant to Section 19-12.3 shall be by
nonforwardable mail. However, for the consolidated election,
vote by mail ballots for certain precincts may be delivered to
applicants not less than 25 days before the election if so much
time is required to have prepared and printed the ballots
containing the names of persons nominated for offices at the
consolidated primary. The election authority shall enclose
with each vote by mail ballot or application written
instructions on how voting assistance shall be provided
pursuant to Section 17-14 and a document, written and approved
by the State Board of Elections, informing the vote by mail
voter of the required postage for returning the application and
ballot, and enumerating the circumstances under which a person
is authorized to vote by vote by mail ballot pursuant to this
Article; such document shall also include a statement informing
the applicant that if he or she falsifies or is solicited by
another to falsify his or her eligibility to cast a vote by
mail ballot, such applicant or other is subject to penalties
pursuant to Section 29-10 and Section 29-20 of the Election
Code. Each election authority shall maintain a list of the
name, street address, ward and precinct, or township and
district number, as the case may be, of all applicants who have
returned vote by mail ballots to such authority, and the name
of such vote by mail voter shall be added to such list within
one business day from receipt of such ballot. If the vote by
mail ballot envelope indicates that the voter was assisted in
casting the ballot, the name of the person so assisting shall
be included on the list. The list, the pages of which are to be
numbered consecutively, shall be kept by each election
authority in a conspicuous, open, and public place accessible
to the public at the entrance of the office of the election
authority and in a manner that the list may be viewed without
necessity of requesting permission for viewing.
    Each election authority shall maintain a list for each
election of the voters to whom it has issued vote by mail
ballots. The list shall be maintained for each precinct within
the jurisdiction of the election authority. Prior to the
opening of the polls on election day, the election authority
shall deliver to the judges of election in each precinct the
list of registered voters in that precinct to whom vote by mail
ballots have been issued by mail.
    Each election authority shall maintain a list for each
election of voters to whom it has issued temporarily absent
student ballots. The list shall be maintained for each election
jurisdiction within which such voters temporarily abide.
Immediately after the close of the period during which
application may be made by mail or electronic means for vote by
mail ballots, each election authority shall mail to each other
election authority within the State a certified list of all
such voters temporarily abiding within the jurisdiction of the
other election authority.
    In the event that the return address of an application for
ballot by a physically incapacitated elector is that of a
facility licensed or certified under the Nursing Home Care Act,
the Specialized Mental Health Rehabilitation Act of 2013, or
the ID/DD Community Care Act, or the MC/DD Act, within the
jurisdiction of the election authority, and the applicant is a
registered voter in the precinct in which such facility is
located, the ballots shall be prepared and transmitted to a
responsible judge of election no later than 9 a.m. on the
Saturday, Sunday or Monday immediately preceding the election
as designated by the election authority under Section 19-12.2.
Such judge shall deliver in person on the designated day the
ballot to the applicant on the premises of the facility from
which application was made. The election authority shall by
mail notify the applicant in such facility that the ballot will
be delivered by a judge of election on the designated day.
    All applications for vote by mail ballots shall be
available at the office of the election authority for public
inspection upon request from the time of receipt thereof by the
election authority until 30 days after the election, except
during the time such applications are kept in the office of the
election authority pursuant to Section 19-7, and except during
the time such applications are in the possession of the judges
of election.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 7-29-13;
98-756, eff. 7-16-14; 98-1171, eff. 6-1-15.)
 
    (10 ILCS 5/19-12.1)  (from Ch. 46, par. 19-12.1)
    (Text of Section before amendment by P.A. 98-1171)
    Sec. 19-12.1. Any qualified elector who has secured an
Illinois Person with a Disability Identification Card in
accordance with the Illinois Identification Card Act,
indicating that the person named thereon has a Class 1A or
Class 2 disability or any qualified voter who has a permanent
physical incapacity of such a nature as to make it improbable
that he will be able to be present at the polls at any future
election, or any voter who is a resident of (i) a federally
operated veterans' home, hospital, or facility located in
Illinois or (ii) a facility licensed or certified pursuant to
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act and
has a condition or disability of such a nature as to make it
improbable that he will be able to be present at the polls at
any future election, may secure a disabled voter's or nursing
home resident's identification card, which will enable him to
vote under this Article as a physically incapacitated or
nursing home voter. For the purposes of this Section,
"federally operated veterans' home, hospital, or facility"
means the long-term care facilities at the Jesse Brown VA
Medical Center, Illiana Health Care System, Edward Hines, Jr.
VA Hospital, Marion VA Medical Center, and Captain James A.
Lovell Federal Health Care Center.
    Application for a disabled voter's or nursing home
resident's identification card shall be made either: (a) in
writing, with voter's sworn affidavit, to the county clerk or
board of election commissioners, as the case may be, and shall
be accompanied by the affidavit of the attending physician
specifically describing the nature of the physical incapacity
or the fact that the voter is a nursing home resident and is
physically unable to be present at the polls on election days;
or (b) by presenting, in writing or otherwise, to the county
clerk or board of election commissioners, as the case may be,
proof that the applicant has secured an Illinois Person with a
Disability Identification Card indicating that the person
named thereon has a Class 1A or Class 2 disability. Upon the
receipt of either the sworn-to application and the physician's
affidavit or proof that the applicant has secured an Illinois
Person with a Disability Identification Card indicating that
the person named thereon has a Class 1A or Class 2 disability,
the county clerk or board of election commissioners shall issue
a disabled voter's or nursing home resident's identification
card. Such identification cards shall be issued for a period of
5 years, upon the expiration of which time the voter may secure
a new card by making application in the same manner as is
prescribed for the issuance of an original card, accompanied by
a new affidavit of the attending physician. The date of
expiration of such five-year period shall be made known to any
interested person by the election authority upon the request of
such person. Applications for the renewal of the identification
cards shall be mailed to the voters holding such cards not less
than 3 months prior to the date of expiration of the cards.
    Each disabled voter's or nursing home resident's
identification card shall bear an identification number, which
shall be clearly noted on the voter's original and duplicate
registration record cards. In the event the holder becomes
physically capable of resuming normal voting, he must surrender
his disabled voter's or nursing home resident's identification
card to the county clerk or board of election commissioners
before the next election.
    The holder of a disabled voter's or nursing home resident's
identification card may make application by mail for an
official ballot within the time prescribed by Section 19-2.
Such application shall contain the same information as is
included in the form of application for ballot by a physically
incapacitated elector prescribed in Section 19-3 except that it
shall also include the applicant's disabled voter's
identification card number and except that it need not be sworn
to. If an examination of the records discloses that the
applicant is lawfully entitled to vote, he shall be mailed a
ballot as provided in Section 19-4. The ballot envelope shall
be the same as that prescribed in Section 19-5 for physically
disabled voters, and the manner of voting and returning the
ballot shall be the same as that provided in this Article for
other absentee ballots, except that a statement to be
subscribed to by the voter but which need not be sworn to shall
be placed on the ballot envelope in lieu of the affidavit
prescribed by Section 19-5.
    Any person who knowingly subscribes to a false statement in
connection with voting under this Section shall be guilty of a
Class A misdemeanor.
    For the purposes of this Section, "nursing home resident"
includes a resident of (i) a federally operated veterans' home,
hospital, or facility located in Illinois or (ii) a facility
licensed under the ID/DD Community Care Act or the Specialized
Mental Health Rehabilitation Act of 2013. For the purposes of
this Section, "federally operated veterans' home, hospital, or
facility" means the long-term care facilities at the Jesse
Brown VA Medical Center, Illiana Health Care System, Edward
Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain
James A. Lovell Federal Health Care Center.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,
eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13;
98-104, eff. 7-22-13.)
 
    (Text of Section after amendment by P.A. 98-1171)
    Sec. 19-12.1. Any qualified elector who has secured an
Illinois Person with a Disability Identification Card in
accordance with the Illinois Identification Card Act,
indicating that the person named thereon has a Class 1A or
Class 2 disability or any qualified voter who has a permanent
physical incapacity of such a nature as to make it improbable
that he will be able to be present at the polls at any future
election, or any voter who is a resident of (i) a federally
operated veterans' home, hospital, or facility located in
Illinois or (ii) a facility licensed or certified pursuant to
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act, or
the MC/DD Act and has a condition or disability of such a
nature as to make it improbable that he will be able to be
present at the polls at any future election, may secure a
disabled voter's or nursing home resident's identification
card, which will enable him to vote under this Article as a
physically incapacitated or nursing home voter. For the
purposes of this Section, "federally operated veterans' home,
hospital, or facility" means the long-term care facilities at
the Jesse Brown VA Medical Center, Illiana Health Care System,
Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and
Captain James A. Lovell Federal Health Care Center.
    Application for a disabled voter's or nursing home
resident's identification card shall be made either: (a) in
writing, with voter's sworn affidavit, to the county clerk or
board of election commissioners, as the case may be, and shall
be accompanied by the affidavit of the attending physician
specifically describing the nature of the physical incapacity
or the fact that the voter is a nursing home resident and is
physically unable to be present at the polls on election days;
or (b) by presenting, in writing or otherwise, to the county
clerk or board of election commissioners, as the case may be,
proof that the applicant has secured an Illinois Person with a
Disability Identification Card indicating that the person
named thereon has a Class 1A or Class 2 disability. Upon the
receipt of either the sworn-to application and the physician's
affidavit or proof that the applicant has secured an Illinois
Person with a Disability Identification Card indicating that
the person named thereon has a Class 1A or Class 2 disability,
the county clerk or board of election commissioners shall issue
a disabled voter's or nursing home resident's identification
card. Such identification cards shall be issued for a period of
5 years, upon the expiration of which time the voter may secure
a new card by making application in the same manner as is
prescribed for the issuance of an original card, accompanied by
a new affidavit of the attending physician. The date of
expiration of such five-year period shall be made known to any
interested person by the election authority upon the request of
such person. Applications for the renewal of the identification
cards shall be mailed to the voters holding such cards not less
than 3 months prior to the date of expiration of the cards.
    Each disabled voter's or nursing home resident's
identification card shall bear an identification number, which
shall be clearly noted on the voter's original and duplicate
registration record cards. In the event the holder becomes
physically capable of resuming normal voting, he must surrender
his disabled voter's or nursing home resident's identification
card to the county clerk or board of election commissioners
before the next election.
    The holder of a disabled voter's or nursing home resident's
identification card may make application by mail for an
official ballot within the time prescribed by Section 19-2.
Such application shall contain the same information as is
included in the form of application for ballot by a physically
incapacitated elector prescribed in Section 19-3 except that it
shall also include the applicant's disabled voter's
identification card number and except that it need not be sworn
to. If an examination of the records discloses that the
applicant is lawfully entitled to vote, he shall be mailed a
ballot as provided in Section 19-4. The ballot envelope shall
be the same as that prescribed in Section 19-5 for physically
disabled voters, and the manner of voting and returning the
ballot shall be the same as that provided in this Article for
other vote by mail ballots, except that a statement to be
subscribed to by the voter but which need not be sworn to shall
be placed on the ballot envelope in lieu of the affidavit
prescribed by Section 19-5.
    Any person who knowingly subscribes to a false statement in
connection with voting under this Section shall be guilty of a
Class A misdemeanor.
    For the purposes of this Section, "nursing home resident"
includes a resident of (i) a federally operated veterans' home,
hospital, or facility located in Illinois or (ii) a facility
licensed under the ID/DD Community Care Act, the MC/DD Act, or
the Specialized Mental Health Rehabilitation Act of 2013. For
the purposes of this Section, "federally operated veterans'
home, hospital, or facility" means the long-term care
facilities at the Jesse Brown VA Medical Center, Illiana Health
Care System, Edward Hines, Jr. VA Hospital, Marion VA Medical
Center, and Captain James A. Lovell Federal Health Care Center.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,
eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13;
98-104, eff. 7-22-13; 98-1171, eff. 6-1-15.)
 
    (10 ILCS 5/19-12.2)  (from Ch. 46, par. 19-12.2)
    (Text of Section before amendment by P.A. 98-1171)
    Sec. 19-12.2. Voting by physically incapacitated electors
who have made proper application to the election authority not
later than 5 days before the regular primary and general
election of 1980 and before each election thereafter shall be
conducted on the premises of (i) federally operated veterans'
homes, hospitals, and facilities located in Illinois or (ii)
facilities licensed or certified pursuant to the Nursing Home
Care Act, the Specialized Mental Health Rehabilitation Act of
2013, or the ID/DD Community Care Act for the sole benefit of
residents of such homes, hospitals, and facilities. For the
purposes of this Section, "federally operated veterans' home,
hospital, or facility" means the long-term care facilities at
the Jesse Brown VA Medical Center, Illiana Health Care System,
Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and
Captain James A. Lovell Federal Health Care Center. Such voting
shall be conducted during any continuous period sufficient to
allow all applicants to cast their ballots between the hours of
9 a.m. and 7 p.m. either on the Friday, Saturday, Sunday or
Monday immediately preceding the regular election. This
absentee voting on one of said days designated by the election
authority shall be supervised by two election judges who must
be selected by the election authority in the following order of
priority: (1) from the panel of judges appointed for the
precinct in which such home, hospital, or facility is located,
or from a panel of judges appointed for any other precinct
within the jurisdiction of the election authority in the same
ward or township, as the case may be, in which the home,
hospital, or facility is located or, only in the case where a
judge or judges from the precinct, township or ward are
unavailable to serve, (3) from a panel of judges appointed for
any other precinct within the jurisdiction of the election
authority. The two judges shall be from different political
parties. Not less than 30 days before each regular election,
the election authority shall have arranged with the chief
administrative officer of each home, hospital, or facility in
his or its election jurisdiction a mutually convenient time
period on the Friday, Saturday, Sunday or Monday immediately
preceding the election for such voting on the premises of the
home, hospital, or facility and shall post in a prominent place
in his or its office a notice of the agreed day and time period
for conducting such voting at each home, hospital, or facility;
provided that the election authority shall not later than noon
on the Thursday before the election also post the names and
addresses of those homes, hospitals, and facilities from which
no applications were received and in which no supervised
absentee voting will be conducted. All provisions of this Code
applicable to pollwatchers shall be applicable herein. To the
maximum extent feasible, voting booths or screens shall be
provided to insure the privacy of the voter. Voting procedures
shall be as described in Article 17 of this Code, except that
ballots shall be treated as absentee ballots and shall not be
counted until the close of the polls on the following day.
After the last voter has concluded voting, the judges shall
seal the ballots in an envelope and affix their signatures
across the flap of the envelope. Immediately thereafter, the
judges shall bring the sealed envelope to the office of the
election authority who shall deliver such ballots to the
election authority's central ballot counting location prior to
the closing of the polls on the day of election. The judges of
election shall also report to the election authority the name
of any applicant in the home, hospital, or facility who, due to
unforeseen circumstance or condition or because of a religious
holiday, was unable to vote. In this event, the election
authority may appoint a qualified person from his or its staff
to deliver the ballot to such applicant on the day of election.
This staff person shall follow the same procedures prescribed
for judges conducting absentee voting in such homes, hospitals,
or facilities and shall return the ballot to the central ballot
counting location before the polls close. However, if the home,
hospital, or facility from which the application was made is
also used as a regular precinct polling place for that voter,
voting procedures heretofore prescribed may be implemented by 2
of the election judges of opposite party affiliation assigned
to that polling place during the hours of voting on the day of
the election. Judges of election shall be compensated not less
than $25.00 for conducting absentee voting in such homes,
hospitals, or facilities.
    Not less than 120 days before each regular election, the
Department of Public Health shall certify to the State Board of
Elections a list of the facilities licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act of 2013, or the ID/DD Community Care
Act. The lists shall indicate the approved bed capacity and the
name of the chief administrative officer of each such home,
hospital, or facility, and the State Board of Elections shall
certify the same to the appropriate election authority within
20 days thereafter.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,
eff. 1-1-12; 97-813, eff. 7-13-12; 98-104, eff. 7-22-13.)
 
    (Text of Section after amendment by P.A. 98-1171)
    Sec. 19-12.2. Voting by physically incapacitated electors
who have made proper application to the election authority not
later than 5 days before the regular primary and general
election of 1980 and before each election thereafter shall be
conducted on the premises of (i) federally operated veterans'
homes, hospitals, and facilities located in Illinois or (ii)
facilities licensed or certified pursuant to the Nursing Home
Care Act, the Specialized Mental Health Rehabilitation Act of
2013, or the ID/DD Community Care Act, or the MC/DD Act for the
sole benefit of residents of such homes, hospitals, and
facilities. For the purposes of this Section, "federally
operated veterans' home, hospital, or facility" means the
long-term care facilities at the Jesse Brown VA Medical Center,
Illiana Health Care System, Edward Hines, Jr. VA Hospital,
Marion VA Medical Center, and Captain James A. Lovell Federal
Health Care Center. Such voting shall be conducted during any
continuous period sufficient to allow all applicants to cast
their ballots between the hours of 9 a.m. and 7 p.m. either on
the Friday, Saturday, Sunday or Monday immediately preceding
the regular election. This vote by mail voting on one of said
days designated by the election authority shall be supervised
by two election judges who must be selected by the election
authority in the following order of priority: (1) from the
panel of judges appointed for the precinct in which such home,
hospital, or facility is located, or from a panel of judges
appointed for any other precinct within the jurisdiction of the
election authority in the same ward or township, as the case
may be, in which the home, hospital, or facility is located or,
only in the case where a judge or judges from the precinct,
township or ward are unavailable to serve, (3) from a panel of
judges appointed for any other precinct within the jurisdiction
of the election authority. The two judges shall be from
different political parties. Not less than 30 days before each
regular election, the election authority shall have arranged
with the chief administrative officer of each home, hospital,
or facility in his or its election jurisdiction a mutually
convenient time period on the Friday, Saturday, Sunday or
Monday immediately preceding the election for such voting on
the premises of the home, hospital, or facility and shall post
in a prominent place in his or its office a notice of the
agreed day and time period for conducting such voting at each
home, hospital, or facility; provided that the election
authority shall not later than noon on the Thursday before the
election also post the names and addresses of those homes,
hospitals, and facilities from which no applications were
received and in which no supervised vote by mail voting will be
conducted. All provisions of this Code applicable to
pollwatchers shall be applicable herein. To the maximum extent
feasible, voting booths or screens shall be provided to insure
the privacy of the voter. Voting procedures shall be as
described in Article 17 of this Code, except that ballots shall
be treated as vote by mail ballots and shall not be counted
until the close of the polls on the following day. After the
last voter has concluded voting, the judges shall seal the
ballots in an envelope and affix their signatures across the
flap of the envelope. Immediately thereafter, the judges shall
bring the sealed envelope to the office of the election
authority who shall deliver such ballots to the election
authority's central ballot counting location prior to the
closing of the polls on the day of election. The judges of
election shall also report to the election authority the name
of any applicant in the home, hospital, or facility who, due to
unforeseen circumstance or condition or because of a religious
holiday, was unable to vote. In this event, the election
authority may appoint a qualified person from his or its staff
to deliver the ballot to such applicant on the day of election.
This staff person shall follow the same procedures prescribed
for judges conducting vote by mail voting in such homes,
hospitals, or facilities and shall return the ballot to the
central ballot counting location before the polls close.
However, if the home, hospital, or facility from which the
application was made is also used as a regular precinct polling
place for that voter, voting procedures heretofore prescribed
may be implemented by 2 of the election judges of opposite
party affiliation assigned to that polling place during the
hours of voting on the day of the election. Judges of election
shall be compensated not less than $25.00 for conducting vote
by mail voting in such homes, hospitals, or facilities.
    Not less than 120 days before each regular election, the
Department of Public Health shall certify to the State Board of
Elections a list of the facilities licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental
Health Rehabilitation Act of 2013, or the ID/DD Community Care
Act, or the MC/DD Act. The lists shall indicate the approved
bed capacity and the name of the chief administrative officer
of each such home, hospital, or facility, and the State Board
of Elections shall certify the same to the appropriate election
authority within 20 days thereafter.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,
eff. 1-1-12; 97-813, eff. 7-13-12; 98-104, eff. 7-22-13;
98-1171, eff. 6-1-15.)
 
    Section 10. The Illinois Act on the Aging is amended by
changing Sections 4.04 and 4.08 as follows:
 
    (20 ILCS 105/4.04)  (from Ch. 23, par. 6104.04)
    Sec. 4.04. Long Term Care Ombudsman Program. The purpose of
the Long Term Care Ombudsman Program is to ensure that older
persons and persons with disabilities receive quality
services. This is accomplished by providing advocacy services
for residents of long term care facilities and participants
receiving home care and community-based care. Managed care is
increasingly becoming the vehicle for delivering health and
long-term services and supports to seniors and persons with
disabilities, including dual eligible participants. The
additional ombudsman authority will allow advocacy services to
be provided to Illinois participants for the first time and
will produce a cost savings for the State of Illinois by
supporting the rebalancing efforts of the Patient Protection
and Affordable Care Act.
    (a) Long Term Care Ombudsman Program. The Department shall
establish a Long Term Care Ombudsman Program, through the
Office of State Long Term Care Ombudsman ("the Office"), in
accordance with the provisions of the Older Americans Act of
1965, as now or hereafter amended. The Long Term Care Ombudsman
Program is authorized, subject to sufficient appropriations,
to advocate on behalf of older persons and persons with
disabilities residing in their own homes or community-based
settings, relating to matters which may adversely affect the
health, safety, welfare, or rights of such individuals.
    (b) Definitions. As used in this Section, unless the
context requires otherwise:
        (1) "Access" means the right to:
            (i) Enter any long term care facility or assisted
        living or shared housing establishment or supportive
        living facility;
            (ii) Communicate privately and without restriction
        with any resident, regardless of age, who consents to
        the communication;
            (iii) Seek consent to communicate privately and
        without restriction with any participant or resident,
        regardless of age;
            (iv) Inspect the clinical and other records of a
        participant or resident, regardless of age, with the
        express written consent of the participant or
        resident;
            (v) Observe all areas of the long term care
        facility or supportive living facilities, assisted
        living or shared housing establishment except the
        living area of any resident who protests the
        observation; and
            (vi) Subject to permission of the participant or
        resident requesting services or his or her
        representative, enter a home or community-based
        setting.
        (2) "Long Term Care Facility" means (i) any facility as
    defined by Section 1-113 of the Nursing Home Care Act, as
    now or hereafter amended; and (ii) any skilled nursing
    facility or a nursing facility which meets the requirements
    of Section 1819(a), (b), (c), and (d) or Section 1919(a),
    (b), (c), and (d) of the Social Security Act, as now or
    hereafter amended (42 U.S.C. 1395i-3(a), (b), (c), and (d)
    and 42 U.S.C. 1396r(a), (b), (c), and (d)); (iii) and any
    facility as defined by Section 1-113 of the ID/DD MR/DD
    Community Care Act, as now or hereafter amended; and (iv)
    any facility as defined by Section 1-113 of MC/DD Act, as
    now or hereafter amended.
        (2.5) "Assisted living establishment" and "shared
    housing establishment" have the meanings given those terms
    in Section 10 of the Assisted Living and Shared Housing
    Act.
        (2.7) "Supportive living facility" means a facility
    established under Section 5-5.01a of the Illinois Public
    Aid Code.
        (2.8) "Community-based setting" means any place of
    abode other than an individual's private home.
        (3) "State Long Term Care Ombudsman" means any person
    employed by the Department to fulfill the requirements of
    the Office of State Long Term Care Ombudsman as required
    under the Older Americans Act of 1965, as now or hereafter
    amended, and Departmental policy.
        (3.1) "Ombudsman" means any designated representative
    of the State Long Term Care Ombudsman Program; provided
    that the representative, whether he is paid for or
    volunteers his ombudsman services, shall be qualified and
    designated by the Office to perform the duties of an
    ombudsman as specified by the Department in rules and in
    accordance with the provisions of the Older Americans Act
    of 1965, as now or hereafter amended.
        (4) "Participant" means an older person aged 60 or over
    or an adult with a disability aged 18 through 59 who is
    eligible for services under any of the following:
            (i) A medical assistance waiver administered by
        the State.
            (ii) A managed care organization providing care
        coordination and other services to seniors and persons
        with disabilities.
        (5) "Resident" means an older person aged 60 or over or
    an adult with a disability aged 18 through 59 who resides
    in a long-term care facility.
    (c) Ombudsman; rules. The Office of State Long Term Care
Ombudsman shall be composed of at least one full-time ombudsman
and shall include a system of designated regional long term
care ombudsman programs. Each regional program shall be
designated by the State Long Term Care Ombudsman as a
subdivision of the Office and any representative of a regional
program shall be treated as a representative of the Office.
    The Department, in consultation with the Office, shall
promulgate administrative rules in accordance with the
provisions of the Older Americans Act of 1965, as now or
hereafter amended, to establish the responsibilities of the
Department and the Office of State Long Term Care Ombudsman and
the designated regional Ombudsman programs. The administrative
rules shall include the responsibility of the Office and
designated regional programs to investigate and resolve
complaints made by or on behalf of residents of long term care
facilities, supportive living facilities, and assisted living
and shared housing establishments, and participants residing
in their own homes or community-based settings, including the
option to serve residents and participants under the age of 60,
relating to actions, inaction, or decisions of providers, or
their representatives, of such facilities and establishments,
of public agencies, or of social services agencies, which may
adversely affect the health, safety, welfare, or rights of such
residents and participants. The Office and designated regional
programs may represent all residents and participants, but are
not required by this Act to represent persons under 60 years of
age, except to the extent required by federal law. When
necessary and appropriate, representatives of the Office shall
refer complaints to the appropriate regulatory State agency.
The Department, in consultation with the Office, shall
cooperate with the Department of Human Services and other State
agencies in providing information and training to designated
regional long term care ombudsman programs about the
appropriate assessment and treatment (including information
about appropriate supportive services, treatment options, and
assessment of rehabilitation potential) of the participants
they serve.
    The State Long Term Care Ombudsman and all other ombudsmen,
as defined in paragraph (3.1) of subsection (b) must submit to
background checks under the Health Care Worker Background Check
Act and receive training, as prescribed by the Illinois
Department on Aging, before visiting facilities, private
homes, or community-based settings. The training must include
information specific to assisted living establishments,
supportive living facilities, shared housing establishments,
private homes, and community-based settings and to the rights
of residents and participants guaranteed under the
corresponding Acts and administrative rules.
    (c-5) Consumer Choice Information Reports. The Office
shall:
        (1) In collaboration with the Attorney General, create
    a Consumer Choice Information Report form to be completed
    by all licensed long term care facilities to aid
    Illinoisans and their families in making informed choices
    about long term care. The Office shall create a Consumer
    Choice Information Report for each type of licensed long
    term care facility. The Office shall collaborate with the
    Attorney General and the Department of Human Services to
    create a Consumer Choice Information Report form for
    facilities licensed under the ID/DD MR/DD Community Care
    Act or the MC/DD Act.
        (2) Develop a database of Consumer Choice Information
    Reports completed by licensed long term care facilities
    that includes information in the following consumer
    categories:
            (A) Medical Care, Services, and Treatment.
            (B) Special Services and Amenities.
            (C) Staffing.
            (D) Facility Statistics and Resident Demographics.
            (E) Ownership and Administration.
            (F) Safety and Security.
            (G) Meals and Nutrition.
            (H) Rooms, Furnishings, and Equipment.
            (I) Family, Volunteer, and Visitation Provisions.
        (3) Make this information accessible to the public,
    including on the Internet by means of a hyperlink labeled
    "Resident's Right to Know" on the Office's World Wide Web
    home page. Information about facilities licensed under the
    ID/DD MR/DD Community Care Act or the MC/DD Act shall be
    made accessible to the public by the Department of Human
    Services, including on the Internet by means of a hyperlink
    labeled "Resident's and Families' Right to Know" on the
    Department of Human Services' "For Customers" website.
        (4) Have the authority, with the Attorney General, to
    verify that information provided by a facility is accurate.
        (5) Request a new report from any licensed facility
    whenever it deems necessary.
        (6) Include in the Office's Consumer Choice
    Information Report for each type of licensed long term care
    facility additional information on each licensed long term
    care facility in the State of Illinois, including
    information regarding each facility's compliance with the
    relevant State and federal statutes, rules, and standards;
    customer satisfaction surveys; and information generated
    from quality measures developed by the Centers for Medicare
    and Medicaid Services.
    (d) Access and visitation rights.
        (1) In accordance with subparagraphs (A) and (E) of
    paragraph (3) of subsection (c) of Section 1819 and
    subparagraphs (A) and (E) of paragraph (3) of subsection
    (c) of Section 1919 of the Social Security Act, as now or
    hereafter amended (42 U.S.C. 1395i-3 (c)(3)(A) and (E) and
    42 U.S.C. 1396r (c)(3)(A) and (E)), and Section 712 of the
    Older Americans Act of 1965, as now or hereafter amended
    (42 U.S.C. 3058f), a long term care facility, supportive
    living facility, assisted living establishment, and shared
    housing establishment must:
            (i) permit immediate access to any resident,
        regardless of age, by a designated ombudsman;
            (ii) permit representatives of the Office, with
        the permission of the resident's legal representative
        or legal guardian, to examine a resident's clinical and
        other records, regardless of the age of the resident,
        and if a resident is unable to consent to such review,
        and has no legal guardian, permit representatives of
        the Office appropriate access, as defined by the
        Department, in consultation with the Office, in
        administrative rules, to the resident's records; and
            (iii) permit a representative of the Program to
        communicate privately and without restriction with any
        participant who consents to the communication
        regardless of the consent of, or withholding of consent
        by, a legal guardian or an agent named in a power of
        attorney executed by the participant.
        (2) Each long term care facility, supportive living
    facility, assisted living establishment, and shared
    housing establishment shall display, in multiple,
    conspicuous public places within the facility accessible
    to both visitors and residents and in an easily readable
    format, the address and phone number of the Office of the
    Long Term Care Ombudsman, in a manner prescribed by the
    Office.
    (e) Immunity. An ombudsman or any representative of the
Office participating in the good faith performance of his or
her official duties shall have immunity from any liability
(civil, criminal or otherwise) in any proceedings (civil,
criminal or otherwise) brought as a consequence of the
performance of his official duties.
    (f) Business offenses.
        (1) No person shall:
            (i) Intentionally prevent, interfere with, or
        attempt to impede in any way any representative of the
        Office in the performance of his official duties under
        this Act and the Older Americans Act of 1965; or
            (ii) Intentionally retaliate, discriminate
        against, or effect reprisals against any long term care
        facility resident or employee for contacting or
        providing information to any representative of the
        Office.
        (2) A violation of this Section is a business offense,
    punishable by a fine not to exceed $501.
        (3) The State Long Term Care Ombudsman shall notify the
    State's Attorney of the county in which the long term care
    facility, supportive living facility, or assisted living
    or shared housing establishment is located, or the Attorney
    General, of any violations of this Section.
    (g) Confidentiality of records and identities. The
Department shall establish procedures for the disclosure by the
State Ombudsman or the regional ombudsmen entities of files
maintained by the program. The procedures shall provide that
the files and records may be disclosed only at the discretion
of the State Long Term Care Ombudsman or the person designated
by the State Ombudsman to disclose the files and records, and
the procedures shall prohibit the disclosure of the identity of
any complainant, resident, participant, witness, or employee
of a long term care provider unless:
        (1) the complainant, resident, participant, witness,
    or employee of a long term care provider or his or her
    legal representative consents to the disclosure and the
    consent is in writing;
        (2) the complainant, resident, participant, witness,
    or employee of a long term care provider gives consent
    orally; and the consent is documented contemporaneously in
    writing in accordance with such requirements as the
    Department shall establish; or
        (3) the disclosure is required by court order.
    (h) Legal representation. The Attorney General shall
provide legal representation to any representative of the
Office against whom suit or other legal action is brought in
connection with the performance of the representative's
official duties, in accordance with the State Employee
Indemnification Act.
    (i) Treatment by prayer and spiritual means. Nothing in
this Act shall be construed to authorize or require the medical
supervision, regulation or control of remedial care or
treatment of any resident in a long term care facility operated
exclusively by and for members or adherents of any church or
religious denomination the tenets and practices of which
include reliance solely upon spiritual means through prayer for
healing.
    (j) The Long Term Care Ombudsman Fund is created as a
special fund in the State treasury to receive moneys for the
express purposes of this Section. All interest earned on moneys
in the fund shall be credited to the fund. Moneys contained in
the fund shall be used to support the purposes of this Section.
    (k) Each Regional Ombudsman may, in accordance with rules
promulgated by the Office, establish a multi-disciplinary team
to act in an advisory role for the purpose of providing
professional knowledge and expertise in handling complex
abuse, neglect, and advocacy issues involving participants.
Each multi-disciplinary team may consist of one or more
volunteer representatives from any combination of at least 7
members from the following professions: banking or finance;
disability care; health care; pharmacology; law; law
enforcement; emergency responder; mental health care; clergy;
coroner or medical examiner; substance abuse; domestic
violence; sexual assault; or other related fields. To support
multi-disciplinary teams in this role, law enforcement
agencies and coroners or medical examiners shall supply records
as may be requested in particular cases. The Regional
Ombudsman, or his or her designee, of the area in which the
multi-disciplinary team is created shall be the facilitator of
the multi-disciplinary team.
(Source: P.A. 97-38, eff. 6-28-11; 98-380, eff. 8-16-13;
98-989, eff. 1-1-15.)
 
    (20 ILCS 105/4.08)
    Sec. 4.08. Rural and small town meals program. Subject to
appropriation, the Department may establish a program to ensure
the availability of congregate or home-delivered meals in
communities with populations of under 5,000 that are not
located within the large urban counties of Cook, DuPage, Kane,
Lake, or Will.
    The Department may meet these requirements by entering into
agreements with Area Agencies on Aging or Department designees,
which shall in turn enter into grants or contractual agreements
with such local entities as restaurants, cafes, churches,
facilities licensed under the Nursing Home Care Act, the ID/DD
Community Care Act, the MC/DD Act, the Assisted Living and
Shared Housing Act, or the Hospital Licensing Act, facilities
certified by the Department of Healthcare and Family Services,
senior centers, or Older American Act designated nutrition
service providers.
    First consideration shall be given to entities that can
cost effectively meet the needs of seniors in the community by
preparing the food locally.
    In no instance shall funds provided pursuant to this
Section be used to replace funds allocated to a given area or
program as of the effective date of this amendatory Act of the
95th General Assembly.
    The Department shall establish guidelines and standards by
administrative rule, which shall include submission of an
expenditure plan by the recipient of the funds.
(Source: P.A. 96-339, eff. 7-1-10; 97-227, eff. 1-1-12.)
 
    Section 15. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
15 as follows:
 
    (20 ILCS 1705/15)  (from Ch. 91 1/2, par. 100-15)
    Sec. 15. Before any person is released from a facility
operated by the State pursuant to an absolute discharge or a
conditional discharge from hospitalization under this Act, the
facility director of the facility in which such person is
hospitalized shall determine that such person is not currently
in need of hospitalization and:
        (a) is able to live independently in the community; or
        (b) requires further oversight and supervisory care
    for which arrangements have been made with responsible
    relatives or supervised residential program approved by
    the Department; or
        (c) requires further personal care or general
    oversight as defined by the ID/DD Community Care Act, the
    MC/DD Act, or the Specialized Mental Health Rehabilitation
    Act of 2013, for which placement arrangements have been
    made with a suitable family home or other licensed facility
    approved by the Department under this Section; or
        (d) requires community mental health services for
    which arrangements have been made with a community mental
    health provider in accordance with criteria, standards,
    and procedures promulgated by rule.
    Such determination shall be made in writing and shall
become a part of the facility record of such absolutely or
conditionally discharged person. When the determination
indicates that the condition of the person to be granted an
absolute discharge or a conditional discharge is described
under subparagraph (c) or (d) of this Section, the name and
address of the continuing care facility or home to which such
person is to be released shall be entered in the facility
record. Where a discharge from a mental health facility is made
under subparagraph (c), the Department shall assign the person
so discharged to an existing community based not-for-profit
agency for participation in day activities suitable to the
person's needs, such as but not limited to social and
vocational rehabilitation, and other recreational, educational
and financial activities unless the community based
not-for-profit agency is unqualified to accept such
assignment. Where the clientele of any not-for-profit agency
increases as a result of assignments under this amendatory Act
of 1977 by more than 3% over the prior year, the Department
shall fully reimburse such agency for the costs of providing
services to such persons in excess of such 3% increase. The
Department shall keep written records detailing how many
persons have been assigned to a community based not-for-profit
agency and how many persons were not so assigned because the
community based agency was unable to accept the assignments, in
accordance with criteria, standards, and procedures
promulgated by rule. Whenever a community based agency is found
to be unable to accept the assignments, the name of the agency
and the reason for the finding shall be included in the report.
    Insofar as desirable in the interests of the former
recipient, the facility, program or home in which the
discharged person is to be placed shall be located in or near
the community in which the person resided prior to
hospitalization or in the community in which the person's
family or nearest next of kin presently reside. Placement of
the discharged person in facilities, programs or homes located
outside of this State shall not be made by the Department
unless there are no appropriate facilities, programs or homes
available within this State. Out-of-state placements shall be
subject to return of recipients so placed upon the availability
of facilities, programs or homes within this State to
accommodate these recipients, except where placement in a
contiguous state results in locating a recipient in a facility
or program closer to the recipient's home or family. If an
appropriate facility or program becomes available equal to or
closer to the recipient's home or family, the recipient shall
be returned to and placed at the appropriate facility or
program within this State.
    To place any person who is under a program of the
Department at board in a suitable family home or in such other
facility or program as the Department may consider desirable.
The Department may place in licensed nursing homes, sheltered
care homes, or homes for the aged those persons whose
behavioral manifestations and medical and nursing care needs
are such as to be substantially indistinguishable from persons
already living in such facilities. Prior to any placement by
the Department under this Section, a determination shall be
made by the personnel of the Department, as to the capability
and suitability of such facility to adequately meet the needs
of the person to be discharged. When specialized programs are
necessary in order to enable persons in need of supervised
living to develop and improve in the community, the Department
shall place such persons only in specialized residential care
facilities which shall meet Department standards including
restricted admission policy, special staffing and programming
for social and vocational rehabilitation, in addition to the
requirements of the appropriate State licensing agency. The
Department shall not place any new person in a facility the
license of which has been revoked or not renewed on grounds of
inadequate programming, staffing, or medical or adjunctive
services, regardless of the pendency of an action for
administrative review regarding such revocation or failure to
renew. Before the Department may transfer any person to a
licensed nursing home, sheltered care home or home for the aged
or place any person in a specialized residential care facility
the Department shall notify the person to be transferred, or a
responsible relative of such person, in writing, at least 30
days before the proposed transfer, with respect to all the
relevant facts concerning such transfer, except in cases of
emergency when such notice is not required. If either the
person to be transferred or a responsible relative of such
person objects to such transfer, in writing to the Department,
at any time after receipt of notice and before the transfer,
the facility director of the facility in which the person was a
recipient shall immediately schedule a hearing at the facility
with the presence of the facility director, the person who
objected to such proposed transfer, and a psychiatrist who is
familiar with the record of the person to be transferred. Such
person to be transferred or a responsible relative may be
represented by such counsel or interested party as he may
appoint, who may present such testimony with respect to the
proposed transfer. Testimony presented at such hearing shall
become a part of the facility record of the
person-to-be-transferred. The record of testimony shall be
held in the person-to-be-transferred's record in the central
files of the facility. If such hearing is held a transfer may
only be implemented, if at all, in accordance with the results
of such hearing. Within 15 days after such hearing the facility
director shall deliver his findings based on the record of the
case and the testimony presented at the hearing, by registered
or certified mail, to the parties to such hearing. The findings
of the facility director shall be deemed a final administrative
decision of the Department. For purposes of this Section, "case
of emergency" means those instances in which the health of the
person to be transferred is imperiled and the most appropriate
mental health care or medical care is available at a licensed
nursing home, sheltered care home or home for the aged or a
specialized residential care facility.
    Prior to placement of any person in a facility under this
Section the Department shall ensure that an appropriate
training plan for staff is provided by the facility. Said
training may include instruction and demonstration by
Department personnel qualified in the area of mental illness or
intellectual disabilities, as applicable to the person to be
placed. Training may be given both at the facility from which
the recipient is transferred and at the facility receiving the
recipient, and may be available on a continuing basis
subsequent to placement. In a facility providing services to
former Department recipients, training shall be available as
necessary for facility staff. Such training will be on a
continuing basis as the needs of the facility and recipients
change and further training is required.
    The Department shall not place any person in a facility
which does not have appropriately trained staff in sufficient
numbers to accommodate the recipient population already at the
facility. As a condition of further or future placements of
persons, the Department shall require the employment of
additional trained staff members at the facility where said
persons are to be placed. The Secretary, or his or her
designate, shall establish written guidelines for placement of
persons in facilities under this Act. The Department shall keep
written records detailing which facilities have been
determined to have staff who have been appropriately trained by
the Department and all training which it has provided or
required under this Section.
    Bills for the support for a person boarded out shall be
payable monthly out of the proper maintenance funds and shall
be audited as any other accounts of the Department. If a person
is placed in a facility or program outside the Department, the
Department may pay the actual costs of residence, treatment or
maintenance in such facility and may collect such actual costs
or a portion thereof from the recipient or the estate of a
person placed in accordance with this Section.
    Other than those placed in a family home the Department
shall cause all persons who are placed in a facility, as
defined by the ID/DD Community Care Act, the MC/DD Act, or the
Specialized Mental Health Rehabilitation Act of 2013, or in
designated community living situations or programs, to be
visited at least once during the first month following
placement, and once every month thereafter for the first year
following placement when indicated, but at least quarterly.
After the first year, the Department shall determine at what
point the appropriate licensing entity for the facility or
designated community living situation or program will assume
the responsibility of ensuring that appropriate services are
being provided to the resident. Once that responsibility is
assumed, the Department may discontinue such visits. If a long
term care facility has periodic care plan conferences, the
visitor may participate in those conferences, if such
participation is approved by the resident or the resident's
guardian. Visits shall be made by qualified and trained
Department personnel, or their designee, in the area of mental
health or developmental disabilities applicable to the person
visited, and shall be made on a more frequent basis when
indicated. The Department may not use as designee any personnel
connected with or responsible to the representatives of any
facility in which persons who have been transferred under this
Section are placed. In the course of such visit there shall be
consideration of the following areas, but not limited thereto:
effects of transfer on physical and mental health of the
person, sufficiency of nursing care and medical coverage
required by the person, sufficiency of staff personnel and
ability to provide basic care for the person, social,
recreational and programmatic activities available for the
person, and other appropriate aspects of the person's
environment.
    A report containing the above observations shall be made to
the Department, to the licensing agency, and to any other
appropriate agency subsequent to each visitation. The report
shall contain recommendations to improve the care and treatment
of the resident, as necessary, which shall be reviewed by the
facility's interdisciplinary team and the resident or the
resident's legal guardian.
    Upon the complaint of any person placed in accordance with
this Section or any responsible citizen or upon discovery that
such person has been abused, neglected, or improperly cared
for, or that the placement does not provide the type of care
required by the recipient's current condition, the Department
immediately shall investigate, and determine if the
well-being, health, care, or safety of any person is affected
by any of the above occurrences, and if any one of the above
occurrences is verified, the Department shall remove such
person at once to a facility of the Department or to another
facility outside the Department, provided such person's needs
can be met at said facility. The Department may also provide
any person placed in accordance with this Section who is
without available funds, and who is permitted to engage in
employment outside the facility, such sums for the
transportation, and other expenses as may be needed by him
until he receives his wages for such employment.
    The Department shall promulgate rules and regulations
governing the purchase of care for persons who are wards of or
who are receiving services from the Department. Such rules and
regulations shall apply to all monies expended by any agency of
the State of Illinois for services rendered by any person,
corporate entity, agency, governmental agency or political
subdivision whether public or private outside of the Department
whether payment is made through a contractual, per-diem or
other arrangement. No funds shall be paid to any person,
corporation, agency, governmental entity or political
subdivision without compliance with such rules and
regulations.
    The rules and regulations governing purchase of care shall
describe categories and types of service deemed appropriate for
purchase by the Department.
    Any provider of services under this Act may elect to
receive payment for those services, and the Department is
authorized to arrange for that payment, by means of direct
deposit transmittals to the service provider's account
maintained at a bank, savings and loan association, or other
financial institution. The financial institution shall be
approved by the Department, and the deposits shall be in
accordance with rules and regulations adopted by the
Department.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
 
    Section 20. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Sections 2310-550, 2310-560, 2310-565, and
2310-625 as follows:
 
    (20 ILCS 2310/2310-550)  (was 20 ILCS 2310/55.40)
    Sec. 2310-550. Long-term care facilities. The Department
may perform, in all long-term care facilities as defined in the
Nursing Home Care Act, all facilities as defined in the
Specialized Mental Health Rehabilitation Act of 2013, and all
facilities as defined in the ID/DD Community Care Act, and all
facilities as defined in the MC/DD Act, all inspection,
evaluation, certification, and inspection of care duties that
the federal government may require the State of Illinois to
perform or have performed as a condition of participation in
any programs under Title XVIII or Title XIX of the federal
Social Security Act.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
 
    (20 ILCS 2310/2310-560)  (was 20 ILCS 2310/55.87)
    Sec. 2310-560. Advisory committees concerning construction
of facilities.
    (a) The Director shall appoint an advisory committee. The
committee shall be established by the Department by rule. The
Director and the Department shall consult with the advisory
committee concerning the application of building codes and
Department rules related to those building codes to facilities
under the Ambulatory Surgical Treatment Center Act, the Nursing
Home Care Act, the Specialized Mental Health Rehabilitation Act
of 2013, and the ID/DD Community Care Act, and the MC/DD Act.
    (b) The Director shall appoint an advisory committee to
advise the Department and to conduct informal dispute
resolution concerning the application of building codes for new
and existing construction and related Department rules and
standards under the Hospital Licensing Act, including without
limitation rules and standards for (i) design and construction,
(ii) engineering and maintenance of the physical plant, site,
equipment, and systems (heating, cooling, electrical,
ventilation, plumbing, water, sewer, and solid waste
disposal), and (iii) fire and safety. The advisory committee
shall be composed of all of the following members:
        (1) The chairperson or an elected representative from
    the Hospital Licensing Board under the Hospital Licensing
    Act.
        (2) Two health care architects with a minimum of 10
    years of experience in institutional design and building
    code analysis.
        (3) Two engineering professionals (one mechanical and
    one electrical) with a minimum of 10 years of experience in
    institutional design and building code analysis.
        (4) One commercial interior design professional with a
    minimum of 10 years of experience.
        (5) Two representatives from provider associations.
        (6) The Director or his or her designee, who shall
    serve as the committee moderator.
    Appointments shall be made with the concurrence of the
Hospital Licensing Board. The committee shall submit
recommendations concerning the application of building codes
and related Department rules and standards to the Hospital
Licensing Board for review and comment prior to submission to
the Department. The committee shall submit recommendations
concerning informal dispute resolution to the Director. The
Department shall provide per diem and travel expenses to the
committee members.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
 
    (20 ILCS 2310/2310-565)  (was 20 ILCS 2310/55.88)
    Sec. 2310-565. Facility construction training program. The
Department shall conduct, at least annually, a joint in-service
training program for architects, engineers, interior
designers, and other persons involved in the construction of a
facility under the Ambulatory Surgical Treatment Center Act,
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act, the
MC/DD Act, or the Hospital Licensing Act on problems and issues
relating to the construction of facilities under any of those
Acts.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
 
    (20 ILCS 2310/2310-625)
    Sec. 2310-625. Emergency Powers.
    (a) Upon proclamation of a disaster by the Governor, as
provided for in the Illinois Emergency Management Agency Act,
the Director of Public Health shall have the following powers,
which shall be exercised only in coordination with the Illinois
Emergency Management Agency and the Department of Financial and
Professional Regulation:
        (1) The power to suspend the requirements for temporary
    or permanent licensure or certification of persons who are
    licensed or certified in another state and are working
    under the direction of the Illinois Emergency Management
    Agency and the Illinois Department of Public Health
    pursuant to the declared disaster.
        (2) The power to modify the scope of practice
    restrictions under the Emergency Medical Services (EMS)
    Systems Act for any persons who are licensed under that Act
    for any person working under the direction of the Illinois
    Emergency Management Agency and the Illinois Department of
    Public Health pursuant to the declared disaster.
        (3) The power to modify the scope of practice
    restrictions under the Nursing Home Care Act, the
    Specialized Mental Health Rehabilitation Act of 2013, or
    the ID/DD Community Care Act, or the MC/DD Act for
    Certified Nursing Assistants for any person working under
    the direction of the Illinois Emergency Management Agency
    and the Illinois Department of Public Health pursuant to
    the declared disaster.
    (b) Persons exempt from licensure or certification under
paragraph (1) of subsection (a) and persons operating under
modified scope of practice provisions under paragraph (2) of
subsection (a) and paragraph (3) of subsection (a) shall be
exempt from licensure or certification or subject to modified
scope of practice only until the declared disaster has ended as
provided by law. For purposes of this Section, persons working
under the direction of an emergency services and disaster
agency accredited by the Illinois Emergency Management Agency
and a local public health department, pursuant to a declared
disaster, shall be deemed to be working under the direction of
the Illinois Emergency Management Agency and the Department of
Public Health.
    (c) The Director shall exercise these powers by way of
proclamation.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
 
    Section 25. The Disabilities Services Act of 2003 is
amended by changing Section 52 as follows:
 
    (20 ILCS 2407/52)
    Sec. 52. Applicability; definitions. In accordance with
Section 6071 of the Deficit Reduction Act of 2005 (P.L.
109-171), as used in this Article:
    "Departments". The term "Departments" means for the
purposes of this Act, the Department of Human Services, the
Department on Aging, Department of Healthcare and Family
Services and Department of Public Health, unless otherwise
noted.
    "Home and community-based long-term care services". The
term "home and community-based long-term care services" means,
with respect to the State Medicaid program, a service aid, or
benefit, home and community-based services, including but not
limited to home health and personal care services, that are
provided to a person with a disability, and are voluntarily
accepted, as part of his or her long-term care that: (i) is
provided under the State's qualified home and community-based
program or that could be provided under such a program but is
otherwise provided under the Medicaid program; (ii) is
delivered in a qualified residence; and (iii) is necessary for
the person with a disability to live in the community.
    "ID/DD community care facility". The term "ID/DD community
care facility", for the purposes of this Article, means a
skilled nursing or intermediate long-term care facility
subject to licensure by the Department of Public Health under
the ID/DD Community Care Act or the MC/DD Act, an intermediate
care facility for the developmentally disabled (ICF-DDs), and a
State-operated developmental center or mental health center,
whether publicly or privately owned.
    "Money Follows the Person" Demonstration. Enacted by the
Deficit Reduction Act of 2005, the Money Follows the Person
(MFP) Rebalancing Demonstration is part of a comprehensive,
coordinated strategy to assist states, in collaboration with
stakeholders, to make widespread changes to their long-term
care support systems. This initiative will assist states in
their efforts to reduce their reliance on institutional care
while developing community-based long-term care opportunities,
enabling the elderly and people with disabilities to fully
participate in their communities.
    "Public funds" mean any funds appropriated by the General
Assembly to the Departments of Human Services, on Aging, of
Healthcare and Family Services and of Public Health for
settings and services as defined in this Article.
    "Qualified residence". The term "qualified residence"
means, with respect to an eligible individual: (i) a home owned
or leased by the individual or the individual's authorized
representative (as defined by P.L. 109-171); (ii) an apartment
with an individual lease, with lockable access and egress, and
which includes living, sleeping, bathing, and cooking areas
over which the individual or the individual's family has domain
and control; or (iii) a residence, in a community-based
residential setting, in which no more than 4 unrelated
individuals reside. Where qualified residences are not
sufficient to meet the demand of eligible individuals,
time-limited exceptions to this definition may be developed
through administrative rule.
    "Self-directed services". The term "self-directed
services" means, with respect to home and community-based
long-term services for an eligible individual, those services
for the individual that are planned and purchased under the
direction and control of the individual or the individual's
authorized representative, including the amount, duration,
scope, provider, and location of such services, under the State
Medicaid program consistent with the following requirements:
        (a) Assessment: there is an assessment of the needs,
    capabilities, and preference of the individual with
    respect to such services.
        (b) Individual service care or treatment plan: based on
    the assessment, there is development jointly with such
    individual or individual's authorized representative, a
    plan for such services for the individual that (i)
    specifies those services, if any, that the individual or
    the individual's authorized representative would be
    responsible for directing; (ii) identifies the methods by
    which the individual or the individual's authorized
    representative or an agency designated by an individual or
    representative will select, manage, and dismiss providers
    of such services.
(Source: P.A. 96-339, eff. 7-1-10; 97-227, eff. 1-1-12.)
 
    Section 27. The Criminal Identification Act is amended by
changing Section 7.5 as follows:
 
    (20 ILCS 2630/7.5)
    Sec. 7.5. Notification of outstanding warrant. If the
existence of an outstanding arrest warrant is identified by the
Department of State Police in connection with the criminal
history background checks conducted pursuant to subsection (b)
of Section 2-201.5 of the Nursing Home Care Act, and Section
2-201.5 of the ID/DD MR/DD Community Care Act, Section 2-201.5
of the MC/DD Act, or subsection (d) of Section 6.09 of the
Hospital Licensing Act, the Department shall notify the
jurisdiction issuing the warrant of the following:
        (1) Existence of the warrant.
        (2) The name, address, and telephone number of the
    licensed long term care facility in which the wanted person
    resides.
    Local issuing jurisdictions shall be aware that nursing
facilities have residents who may be fragile or vulnerable or
who may have a mental illness. When serving a warrant, law
enforcement shall make every attempt to mitigate the adverse
impact on other facility residents.
(Source: P.A. 96-1372, eff. 7-29-10; 97-38, eff. 6-28-11.)
 
    Section 30. The Illinois Finance Authority Act is amended
by changing Section 801-10 as follows:
 
    (20 ILCS 3501/801-10)
    Sec. 801-10. Definitions. The following terms, whenever
used or referred to in this Act, shall have the following
meanings, except in such instances where the context may
clearly indicate otherwise:
    (a) The term "Authority" means the Illinois Finance
Authority created by this Act.
    (b) The term "project" means an industrial project,
conservation project, housing project, public purpose project,
higher education project, health facility project, cultural
institution project, municipal bond program project,
agricultural facility or agribusiness, and "project" may
include any combination of one or more of the foregoing
undertaken jointly by any person with one or more other
persons.
    (c) The term "public purpose project" means any project or
facility, including without limitation land, buildings,
structures, machinery, equipment and all other real and
personal property, which is authorized or required by law to be
acquired, constructed, improved, rehabilitated, reconstructed,
replaced or maintained by any unit of government or any other
lawful public purpose which is authorized or required by law to
be undertaken by any unit of government.
    (d) The term "industrial project" means the acquisition,
construction, refurbishment, creation, development or
redevelopment of any facility, equipment, machinery, real
property or personal property for use by any instrumentality of
the State or its political subdivisions, for use by any person
or institution, public or private, for profit or not for
profit, or for use in any trade or business, including, but not
limited to, any industrial, manufacturing or commercial
enterprise that is located within or outside the State,
provided that, with respect to a project involving property
located outside the State, the property must be owned,
operated, leased or managed by an entity located within the
State or an entity affiliated with an entity located within the
State, and which is (1) a capital project, including, but not
limited to: (i) land and any rights therein, one or more
buildings, structures or other improvements, machinery and
equipment, whether now existing or hereafter acquired, and
whether or not located on the same site or sites; (ii) all
appurtenances and facilities incidental to the foregoing,
including, but not limited to, utilities, access roads,
railroad sidings, track, docking and similar facilities,
parking facilities, dockage, wharfage, railroad roadbed,
track, trestle, depot, terminal, switching and signaling or
related equipment, site preparation and landscaping; and (iii)
all non-capital costs and expenses relating thereto or (2) any
addition to, renovation, rehabilitation or improvement of a
capital project or (3) any activity or undertaking within or
outside the State, provided that, with respect to a project
involving property located outside the State, the property must
be owned, operated, leased or managed by an entity located
within the State or an entity affiliated with an entity located
within the State, which the Authority determines will aid,
assist or encourage economic growth, development or
redevelopment within the State or any area thereof, will
promote the expansion, retention or diversification of
employment opportunities within the State or any area thereof
or will aid in stabilizing or developing any industry or
economic sector of the State economy. The term "industrial
project" also means the production of motion pictures.
    (e) The term "bond" or "bonds" shall include bonds, notes
(including bond, grant or revenue anticipation notes),
certificates and/or other evidences of indebtedness
representing an obligation to pay money, including refunding
bonds.
    (f) The terms "lease agreement" and "loan agreement" shall
mean: (i) an agreement whereby a project acquired by the
Authority by purchase, gift or lease is leased to any person,
corporation or unit of local government which will use or cause
the project to be used as a project as heretofore defined upon
terms providing for lease rental payments at least sufficient
to pay when due all principal of, interest and premium, if any,
on any bonds of the Authority issued with respect to such
project, providing for the maintenance, insuring and operation
of the project on terms satisfactory to the Authority,
providing for disposition of the project upon termination of
the lease term, including purchase options or abandonment of
the premises, and such other terms as may be deemed desirable
by the Authority, or (ii) any agreement pursuant to which the
Authority agrees to loan the proceeds of its bonds issued with
respect to a project or other funds of the Authority to any
person which will use or cause the project to be used as a
project as heretofore defined upon terms providing for loan
repayment installments at least sufficient to pay when due all
principal of, interest and premium, if any, on any bonds of the
Authority, if any, issued with respect to the project, and
providing for maintenance, insurance and other matters as may
be deemed desirable by the Authority.
    (g) The term "financial aid" means the expenditure of
Authority funds or funds provided by the Authority through the
issuance of its bonds, notes or other evidences of indebtedness
or from other sources for the development, construction,
acquisition or improvement of a project.
    (h) The term "person" means an individual, corporation,
unit of government, business trust, estate, trust, partnership
or association, 2 or more persons having a joint or common
interest, or any other legal entity.
    (i) The term "unit of government" means the federal
government, the State or unit of local government, a school
district, or any agency or instrumentality, office, officer,
department, division, bureau, commission, college or
university thereof.
    (j) The term "health facility" means: (a) any public or
private institution, place, building, or agency required to be
licensed under the Hospital Licensing Act; (b) any public or
private institution, place, building, or agency required to be
licensed under the Nursing Home Care Act, the Specialized
Mental Health Rehabilitation Act of 2013, or the ID/DD
Community Care Act, or the MC/DD Act; (c) any public or
licensed private hospital as defined in the Mental Health and
Developmental Disabilities Code; (d) any such facility
exempted from such licensure when the Director of Public Health
attests that such exempted facility meets the statutory
definition of a facility subject to licensure; (e) any other
public or private health service institution, place, building,
or agency which the Director of Public Health attests is
subject to certification by the Secretary, U.S. Department of
Health and Human Services under the Social Security Act, as now
or hereafter amended, or which the Director of Public Health
attests is subject to standard-setting by a recognized public
or voluntary accrediting or standard-setting agency; (f) any
public or private institution, place, building or agency
engaged in providing one or more supporting services to a
health facility; (g) any public or private institution, place,
building or agency engaged in providing training in the healing
arts, including, but not limited to, schools of medicine,
dentistry, osteopathy, optometry, podiatry, pharmacy or
nursing, schools for the training of x-ray, laboratory or other
health care technicians and schools for the training of
para-professionals in the health care field; (h) any public or
private congregate, life or extended care or elderly housing
facility or any public or private home for the aged or infirm,
including, without limitation, any Facility as defined in the
Life Care Facilities Act; (i) any public or private mental,
emotional or physical rehabilitation facility or any public or
private educational, counseling, or rehabilitation facility or
home, for those persons with a developmental disability, those
who are physically ill or disabled, the emotionally disturbed,
those persons with a mental illness or persons with learning or
similar disabilities or problems; (j) any public or private
alcohol, drug or substance abuse diagnosis, counseling
treatment or rehabilitation facility, (k) any public or private
institution, place, building or agency licensed by the
Department of Children and Family Services or which is not so
licensed but which the Director of Children and Family Services
attests provides child care, child welfare or other services of
the type provided by facilities subject to such licensure; (l)
any public or private adoption agency or facility; and (m) any
public or private blood bank or blood center. "Health facility"
also means a public or private structure or structures suitable
primarily for use as a laboratory, laundry, nurses or interns
residence or other housing or hotel facility used in whole or
in part for staff, employees or students and their families,
patients or relatives of patients admitted for treatment or
care in a health facility, or persons conducting business with
a health facility, physician's facility, surgicenter,
administration building, research facility, maintenance,
storage or utility facility and all structures or facilities
related to any of the foregoing or required or useful for the
operation of a health facility, including parking or other
facilities or other supporting service structures required or
useful for the orderly conduct of such health facility. "Health
facility" also means, with respect to a project located outside
the State, any public or private institution, place, building,
or agency which provides services similar to those described
above, provided that such project is owned, operated, leased or
managed by a participating health institution located within
the State, or a participating health institution affiliated
with an entity located within the State.
    (k) The term "participating health institution" means (i) a
private corporation or association or (ii) a public entity of
this State, in either case authorized by the laws of this State
or the applicable state to provide or operate a health facility
as defined in this Act and which, pursuant to the provisions of
this Act, undertakes the financing, construction or
acquisition of a project or undertakes the refunding or
refinancing of obligations, loans, indebtedness or advances as
provided in this Act.
    (l) The term "health facility project", means a specific
health facility work or improvement to be financed or
refinanced (including without limitation through reimbursement
of prior expenditures), acquired, constructed, enlarged,
remodeled, renovated, improved, furnished, or equipped, with
funds provided in whole or in part hereunder, any accounts
receivable, working capital, liability or insurance cost or
operating expense financing or refinancing program of a health
facility with or involving funds provided in whole or in part
hereunder, or any combination thereof.
    (m) The term "bond resolution" means the resolution or
resolutions authorizing the issuance of, or providing terms and
conditions related to, bonds issued under this Act and
includes, where appropriate, any trust agreement, trust
indenture, indenture of mortgage or deed of trust providing
terms and conditions for such bonds.
    (n) The term "property" means any real, personal or mixed
property, whether tangible or intangible, or any interest
therein, including, without limitation, any real estate,
leasehold interests, appurtenances, buildings, easements,
equipment, furnishings, furniture, improvements, machinery,
rights of way, structures, accounts, contract rights or any
interest therein.
    (o) The term "revenues" means, with respect to any project,
the rents, fees, charges, interest, principal repayments,
collections and other income or profit derived therefrom.
    (p) The term "higher education project" means, in the case
of a private institution of higher education, an educational
facility to be acquired, constructed, enlarged, remodeled,
renovated, improved, furnished, or equipped, or any
combination thereof.
    (q) The term "cultural institution project" means, in the
case of a cultural institution, a cultural facility to be
acquired, constructed, enlarged, remodeled, renovated,
improved, furnished, or equipped, or any combination thereof.
    (r) The term "educational facility" means any property
located within the State, or any property located outside the
State, provided that, if the property is located outside the
State, it must be owned, operated, leased or managed by an
entity located within the State or an entity affiliated with an
entity located within the State, in each case constructed or
acquired before or after the effective date of this Act, which
is or will be, in whole or in part, suitable for the
instruction, feeding, recreation or housing of students, the
conducting of research or other work of a private institution
of higher education, the use by a private institution of higher
education in connection with any educational, research or
related or incidental activities then being or to be conducted
by it, or any combination of the foregoing, including, without
limitation, any such property suitable for use as or in
connection with any one or more of the following: an academic
facility, administrative facility, agricultural facility,
assembly hall, athletic facility, auditorium, boating
facility, campus, communication facility, computer facility,
continuing education facility, classroom, dining hall,
dormitory, exhibition hall, fire fighting facility, fire
prevention facility, food service and preparation facility,
gymnasium, greenhouse, health care facility, hospital,
housing, instructional facility, laboratory, library,
maintenance facility, medical facility, museum, offices,
parking area, physical education facility, recreational
facility, research facility, stadium, storage facility,
student union, study facility, theatre or utility.
    (s) The term "cultural facility" means any property located
within the State, or any property located outside the State,
provided that, if the property is located outside the State, it
must be owned, operated, leased or managed by an entity located
within the State or an entity affiliated with an entity located
within the State, in each case constructed or acquired before
or after the effective date of this Act, which is or will be,
in whole or in part, suitable for the particular purposes or
needs of a cultural institution, including, without
limitation, any such property suitable for use as or in
connection with any one or more of the following: an
administrative facility, aquarium, assembly hall, auditorium,
botanical garden, exhibition hall, gallery, greenhouse,
library, museum, scientific laboratory, theater or zoological
facility, and shall also include, without limitation, books,
works of art or music, animal, plant or aquatic life or other
items for display, exhibition or performance. The term
"cultural facility" includes buildings on the National
Register of Historic Places which are owned or operated by
nonprofit entities.
    (t) "Private institution of higher education" means a
not-for-profit educational institution which is not owned by
the State or any political subdivision, agency,
instrumentality, district or municipality thereof, which is
authorized by law to provide a program of education beyond the
high school level and which:
        (1) Admits as regular students only individuals having
    a certificate of graduation from a high school, or the
    recognized equivalent of such a certificate;
        (2) Provides an educational program for which it awards
    a bachelor's degree, or provides an educational program,
    admission into which is conditioned upon the prior
    attainment of a bachelor's degree or its equivalent, for
    which it awards a postgraduate degree, or provides not less
    than a 2-year program which is acceptable for full credit
    toward such a degree, or offers a 2-year program in
    engineering, mathematics, or the physical or biological
    sciences which is designed to prepare the student to work
    as a technician and at a semiprofessional level in
    engineering, scientific, or other technological fields
    which require the understanding and application of basic
    engineering, scientific, or mathematical principles or
    knowledge;
        (3) Is accredited by a nationally recognized
    accrediting agency or association or, if not so accredited,
    is an institution whose credits are accepted, on transfer,
    by not less than 3 institutions which are so accredited,
    for credit on the same basis as if transferred from an
    institution so accredited, and holds an unrevoked
    certificate of approval under the Private College Act from
    the Board of Higher Education, or is qualified as a "degree
    granting institution" under the Academic Degree Act; and
        (4) Does not discriminate in the admission of students
    on the basis of race or color. "Private institution of
    higher education" also includes any "academic
    institution".
    (u) The term "academic institution" means any
not-for-profit institution which is not owned by the State or
any political subdivision, agency, instrumentality, district
or municipality thereof, which institution engages in, or
facilitates academic, scientific, educational or professional
research or learning in a field or fields of study taught at a
private institution of higher education. Academic institutions
include, without limitation, libraries, archives, academic,
scientific, educational or professional societies,
institutions, associations or foundations having such
purposes.
    (v) The term "cultural institution" means any
not-for-profit institution which is not owned by the State or
any political subdivision, agency, instrumentality, district
or municipality thereof, which institution engages in the
cultural, intellectual, scientific, educational or artistic
enrichment of the people of the State. Cultural institutions
include, without limitation, aquaria, botanical societies,
historical societies, libraries, museums, performing arts
associations or societies, scientific societies and zoological
societies.
    (w) The term "affiliate" means, with respect to financing
of an agricultural facility or an agribusiness, any lender, any
person, firm or corporation controlled by, or under common
control with, such lender, and any person, firm or corporation
controlling such lender.
    (x) The term "agricultural facility" means land, any
building or other improvement thereon or thereto, and any
personal properties deemed necessary or suitable for use,
whether or not now in existence, in farming, ranching, the
production of agricultural commodities (including, without
limitation, the products of aquaculture, hydroponics and
silviculture) or the treating, processing or storing of such
agricultural commodities when such activities are customarily
engaged in by farmers as a part of farming and which land,
building, improvement or personal property is located within
the State, or is located outside the State, provided that, if
such property is located outside the State, it must be owned,
operated, leased, or managed by an entity located within the
State or an entity affiliated with an entity located within the
State.
    (y) The term "lender" with respect to financing of an
agricultural facility or an agribusiness, means any federal or
State chartered bank, Federal Land Bank, Production Credit
Association, Bank for Cooperatives, federal or State chartered
savings and loan association or building and loan association,
Small Business Investment Company or any other institution
qualified within this State to originate and service loans,
including, but without limitation to, insurance companies,
credit unions and mortgage loan companies. "Lender" also means
a wholly owned subsidiary of a manufacturer, seller or
distributor of goods or services that makes loans to businesses
or individuals, commonly known as a "captive finance company".
    (z) The term "agribusiness" means any sole proprietorship,
limited partnership, co-partnership, joint venture,
corporation or cooperative which operates or will operate a
facility located within the State or outside the State,
provided that, if any facility is located outside the State, it
must be owned, operated, leased, or managed by an entity
located within the State or an entity affiliated with an entity
located within the State, that is related to the processing of
agricultural commodities (including, without limitation, the
products of aquaculture, hydroponics and silviculture) or the
manufacturing, production or construction of agricultural
buildings, structures, equipment, implements, and supplies, or
any other facilities or processes used in agricultural
production. Agribusiness includes but is not limited to the
following:
        (1) grain handling and processing, including grain
    storage, drying, treatment, conditioning, mailing and
    packaging;
        (2) seed and feed grain development and processing;
        (3) fruit and vegetable processing, including
    preparation, canning and packaging;
        (4) processing of livestock and livestock products,
    dairy products, poultry and poultry products, fish or
    apiarian products, including slaughter, shearing,
    collecting, preparation, canning and packaging;
        (5) fertilizer and agricultural chemical
    manufacturing, processing, application and supplying;
        (6) farm machinery, equipment and implement
    manufacturing and supplying;
        (7) manufacturing and supplying of agricultural
    commodity processing machinery and equipment, including
    machinery and equipment used in slaughter, treatment,
    handling, collecting, preparation, canning or packaging of
    agricultural commodities;
        (8) farm building and farm structure manufacturing,
    construction and supplying;
        (9) construction, manufacturing, implementation,
    supplying or servicing of irrigation, drainage and soil and
    water conservation devices or equipment;
        (10) fuel processing and development facilities that
    produce fuel from agricultural commodities or byproducts;
        (11) facilities and equipment for processing and
    packaging agricultural commodities specifically for
    export;
        (12) facilities and equipment for forestry product
    processing and supplying, including sawmilling operations,
    wood chip operations, timber harvesting operations, and
    manufacturing of prefabricated buildings, paper, furniture
    or other goods from forestry products;
        (13) facilities and equipment for research and
    development of products, processes and equipment for the
    production, processing, preparation or packaging of
    agricultural commodities and byproducts.
    (aa) The term "asset" with respect to financing of any
agricultural facility or any agribusiness, means, but is not
limited to the following: cash crops or feed on hand; livestock
held for sale; breeding stock; marketable bonds and securities;
securities not readily marketable; accounts receivable; notes
receivable; cash invested in growing crops; net cash value of
life insurance; machinery and equipment; cars and trucks; farm
and other real estate including life estates and personal
residence; value of beneficial interests in trusts; government
payments or grants; and any other assets.
    (bb) The term "liability" with respect to financing of any
agricultural facility or any agribusiness shall include, but
not be limited to the following: accounts payable; notes or
other indebtedness owed to any source; taxes; rent; amounts
owed on real estate contracts or real estate mortgages;
judgments; accrued interest payable; and any other liability.
    (cc) The term "Predecessor Authorities" means those
authorities as described in Section 845-75.
    (dd) The term "housing project" means a specific work or
improvement located within the State or outside the State and
undertaken to provide residential dwelling accommodations,
including the acquisition, construction or rehabilitation of
lands, buildings and community facilities and in connection
therewith to provide nonhousing facilities which are part of
the housing project, including land, buildings, improvements,
equipment and all ancillary facilities for use for offices,
stores, retirement homes, hotels, financial institutions,
service, health care, education, recreation or research
establishments, or any other commercial purpose which are or
are to be related to a housing development, provided that any
work or improvement located outside the State is owned,
operated, leased or managed by an entity located within the
State, or any entity affiliated with an entity located within
the State.
    (ee) The term "conservation project" means any project
including the acquisition, construction, rehabilitation,
maintenance, operation, or upgrade that is intended to create
or expand open space or to reduce energy usage through
efficiency measures. For the purpose of this definition, "open
space" has the definition set forth under Section 10 of the
Illinois Open Land Trust Act.
    (ff) The term "significant presence" means the existence
within the State of the national or regional headquarters of an
entity or group or such other facility of an entity or group of
entities where a significant amount of the business functions
are performed for such entity or group of entities.
    (gg) The term "municipal bond issuer" means the State or
any other state or commonwealth of the United States, or any
unit of local government, school district, agency or
instrumentality, office, department, division, bureau,
commission, college or university thereof located in the State
or any other state or commonwealth of the United States.
    (hh) The term "municipal bond program project" means a
program for the funding of the purchase of bonds, notes or
other obligations issued by or on behalf of a municipal bond
issuer.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-90, eff. 7-15-13; 98-104, eff. 7-22-13;
98-756, eff. 7-16-14.)
 
    Section 35. The Illinois Health Facilities Planning Act is
amended by changing Sections 3, 12, 13, and 14.1 as follows:
 
    (20 ILCS 3960/3)  (from Ch. 111 1/2, par. 1153)
    (Section scheduled to be repealed on December 31, 2019)
    Sec. 3. Definitions. As used in this Act:
    "Health care facilities" means and includes the following
facilities, organizations, and related persons:
        (1) An ambulatory surgical treatment center required
    to be licensed pursuant to the Ambulatory Surgical
    Treatment Center Act.
        (2) An institution, place, building, or agency
    required to be licensed pursuant to the Hospital Licensing
    Act.
        (3) Skilled and intermediate long term care facilities
    licensed under the Nursing Home Care Act.
            (A) If a demonstration project under the Nursing
        Home Care Act applies for a certificate of need to
        convert to a nursing facility, it shall meet the
        licensure and certificate of need requirements in
        effect as of the date of application.
            (B) Except as provided in item (A) of this
        subsection, this Act does not apply to facilities
        granted waivers under Section 3-102.2 of the Nursing
        Home Care Act.
        (3.5) Skilled and intermediate care facilities
    licensed under the ID/DD Community Care Act or the MC/DD
    Act. (A) No permit or exemption is required for a facility
    licensed under the ID/DD Community Care Act or the MC/DD
    Act prior to the reduction of the number of beds at a
    facility. If there is a total reduction of beds at a
    facility licensed under the ID/DD Community Care Act or the
    MC/DD Act, this is a discontinuation or closure of the
    facility. If a facility licensed under the ID/DD Community
    Care Act or the MC/DD Act reduces the number of beds or
    discontinues the facility, that facility must notify the
    Board as provided in Section 14.1 of this Act.
        (3.7) Facilities licensed under the Specialized Mental
    Health Rehabilitation Act of 2013.
        (4) Hospitals, nursing homes, ambulatory surgical
    treatment centers, or kidney disease treatment centers
    maintained by the State or any department or agency
    thereof.
        (5) Kidney disease treatment centers, including a
    free-standing hemodialysis unit required to be licensed
    under the End Stage Renal Disease Facility Act.
            (A) This Act does not apply to a dialysis facility
        that provides only dialysis training, support, and
        related services to individuals with end stage renal
        disease who have elected to receive home dialysis.
            (B) This Act does not apply to a dialysis unit
        located in a licensed nursing home that offers or
        provides dialysis-related services to residents with
        end stage renal disease who have elected to receive
        home dialysis within the nursing home.
            (C) The Board, however, may require dialysis
        facilities and licensed nursing homes under items (A)
        and (B) of this subsection to report statistical
        information on a quarterly basis to the Board to be
        used by the Board to conduct analyses on the need for
        proposed kidney disease treatment centers.
        (6) An institution, place, building, or room used for
    the performance of outpatient surgical procedures that is
    leased, owned, or operated by or on behalf of an
    out-of-state facility.
        (7) An institution, place, building, or room used for
    provision of a health care category of service, including,
    but not limited to, cardiac catheterization and open heart
    surgery.
        (8) An institution, place, building, or room housing
    major medical equipment used in the direct clinical
    diagnosis or treatment of patients, and whose project cost
    is in excess of the capital expenditure minimum.
    "Health care facilities" does not include the following
entities or facility transactions:
        (1) Federally-owned facilities.
        (2) Facilities used solely for healing by prayer or
    spiritual means.
        (3) An existing facility located on any campus facility
    as defined in Section 5-5.8b of the Illinois Public Aid
    Code, provided that the campus facility encompasses 30 or
    more contiguous acres and that the new or renovated
    facility is intended for use by a licensed residential
    facility.
        (4) Facilities licensed under the Supportive
    Residences Licensing Act or the Assisted Living and Shared
    Housing Act.
        (5) Facilities designated as supportive living
    facilities that are in good standing with the program
    established under Section 5-5.01a of the Illinois Public
    Aid Code.
        (6) Facilities established and operating under the
    Alternative Health Care Delivery Act as a children's
    community-based health care center children's respite care
    center alternative health care model demonstration program
    or as an Alzheimer's Disease Management Center alternative
    health care model demonstration program.
        (7) The closure of an entity or a portion of an entity
    licensed under the Nursing Home Care Act, the Specialized
    Mental Health Rehabilitation Act of 2013, or the ID/DD
    Community Care Act, or the MC/DD Act, with the exception of
    facilities operated by a county or Illinois Veterans Homes,
    that elect to convert, in whole or in part, to an assisted
    living or shared housing establishment licensed under the
    Assisted Living and Shared Housing Act and with the
    exception of a facility licensed under the Specialized
    Mental Health Rehabilitation Act of 2013 in connection with
    a proposal to close a facility and re-establish the
    facility in another location.
        (8) Any change of ownership of a health care healthcare
    facility that is licensed under the Nursing Home Care Act,
    the Specialized Mental Health Rehabilitation Act of 2013,
    or the ID/DD Community Care Act, or the MC/DD Act, with the
    exception of facilities operated by a county or Illinois
    Veterans Homes. Changes of ownership of facilities
    licensed under the Nursing Home Care Act must meet the
    requirements set forth in Sections 3-101 through 3-119 of
    the Nursing Home Care Act. children's community-based
    health care center of 2013 and with the exception of a
    facility licensed under the Specialized Mental Health
    Rehabilitation Act of 2013 in connection with a proposal to
    close a facility and re-establish the facility in another
    location of 2013
    With the exception of those health care facilities
specifically included in this Section, nothing in this Act
shall be intended to include facilities operated as a part of
the practice of a physician or other licensed health care
professional, whether practicing in his individual capacity or
within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional group. Further, this Act shall not apply to
physicians or other licensed health care professional's
practices where such practices are carried out in a portion of
a health care facility under contract with such health care
facility by a physician or by other licensed health care
professionals, whether practicing in his individual capacity
or within the legal structure of any partnership, medical or
professional corporation, or unincorporated medical or
professional groups, unless the entity constructs, modifies,
or establishes a health care facility as specifically defined
in this Section. This Act shall apply to construction or
modification and to establishment by such health care facility
of such contracted portion which is subject to facility
licensing requirements, irrespective of the party responsible
for such action or attendant financial obligation.
    "Person" means any one or more natural persons, legal
entities, governmental bodies other than federal, or any
combination thereof.
    "Consumer" means any person other than a person (a) whose
major occupation currently involves or whose official capacity
within the last 12 months has involved the providing,
administering or financing of any type of health care facility,
(b) who is engaged in health research or the teaching of
health, (c) who has a material financial interest in any
activity which involves the providing, administering or
financing of any type of health care facility, or (d) who is or
ever has been a member of the immediate family of the person
defined by (a), (b), or (c).
    "State Board" or "Board" means the Health Facilities and
Services Review Board.
    "Construction or modification" means the establishment,
erection, building, alteration, reconstruction, modernization,
improvement, extension, discontinuation, change of ownership,
of or by a health care facility, or the purchase or acquisition
by or through a health care facility of equipment or service
for diagnostic or therapeutic purposes or for facility
administration or operation, or any capital expenditure made by
or on behalf of a health care facility which exceeds the
capital expenditure minimum; however, any capital expenditure
made by or on behalf of a health care facility for (i) the
construction or modification of a facility licensed under the
Assisted Living and Shared Housing Act or (ii) a conversion
project undertaken in accordance with Section 30 of the Older
Adult Services Act shall be excluded from any obligations under
this Act.
    "Establish" means the construction of a health care
facility or the replacement of an existing facility on another
site or the initiation of a category of service.
    "Major medical equipment" means medical equipment which is
used for the provision of medical and other health services and
which costs in excess of the capital expenditure minimum,
except that such term does not include medical equipment
acquired by or on behalf of a clinical laboratory to provide
clinical laboratory services if the clinical laboratory is
independent of a physician's office and a hospital and it has
been determined under Title XVIII of the Social Security Act to
meet the requirements of paragraphs (10) and (11) of Section
1861(s) of such Act. In determining whether medical equipment
has a value in excess of the capital expenditure minimum, the
value of studies, surveys, designs, plans, working drawings,
specifications, and other activities essential to the
acquisition of such equipment shall be included.
    "Capital Expenditure" means an expenditure: (A) made by or
on behalf of a health care facility (as such a facility is
defined in this Act); and (B) which under generally accepted
accounting principles is not properly chargeable as an expense
of operation and maintenance, or is made to obtain by lease or
comparable arrangement any facility or part thereof or any
equipment for a facility or part; and which exceeds the capital
expenditure minimum.
    For the purpose of this paragraph, the cost of any studies,
surveys, designs, plans, working drawings, specifications, and
other activities essential to the acquisition, improvement,
expansion, or replacement of any plant or equipment with
respect to which an expenditure is made shall be included in
determining if such expenditure exceeds the capital
expenditures minimum. Unless otherwise interdependent, or
submitted as one project by the applicant, components of
construction or modification undertaken by means of a single
construction contract or financed through the issuance of a
single debt instrument shall not be grouped together as one
project. Donations of equipment or facilities to a health care
facility which if acquired directly by such facility would be
subject to review under this Act shall be considered capital
expenditures, and a transfer of equipment or facilities for
less than fair market value shall be considered a capital
expenditure for purposes of this Act if a transfer of the
equipment or facilities at fair market value would be subject
to review.
    "Capital expenditure minimum" means $11,500,000 for
projects by hospital applicants, $6,500,000 for applicants for
projects related to skilled and intermediate care long-term
care facilities licensed under the Nursing Home Care Act, and
$3,000,000 for projects by all other applicants, which shall be
annually adjusted to reflect the increase in construction costs
due to inflation, for major medical equipment and for all other
capital expenditures.
    "Non-clinical service area" means an area (i) for the
benefit of the patients, visitors, staff, or employees of a
health care facility and (ii) not directly related to the
diagnosis, treatment, or rehabilitation of persons receiving
services from the health care facility. "Non-clinical service
areas" include, but are not limited to, chapels; gift shops;
news stands; computer systems; tunnels, walkways, and
elevators; telephone systems; projects to comply with life
safety codes; educational facilities; student housing;
patient, employee, staff, and visitor dining areas;
administration and volunteer offices; modernization of
structural components (such as roof replacement and masonry
work); boiler repair or replacement; vehicle maintenance and
storage facilities; parking facilities; mechanical systems for
heating, ventilation, and air conditioning; loading docks; and
repair or replacement of carpeting, tile, wall coverings,
window coverings or treatments, or furniture. Solely for the
purpose of this definition, "non-clinical service area" does
not include health and fitness centers.
    "Areawide" means a major area of the State delineated on a
geographic, demographic, and functional basis for health
planning and for health service and having within it one or
more local areas for health planning and health service. The
term "region", as contrasted with the term "subregion", and the
word "area" may be used synonymously with the term "areawide".
    "Local" means a subarea of a delineated major area that on
a geographic, demographic, and functional basis may be
considered to be part of such major area. The term "subregion"
may be used synonymously with the term "local".
    "Physician" means a person licensed to practice in
accordance with the Medical Practice Act of 1987, as amended.
    "Licensed health care professional" means a person
licensed to practice a health profession under pertinent
licensing statutes of the State of Illinois.
    "Director" means the Director of the Illinois Department of
Public Health.
    "Agency" means the Illinois Department of Public Health.
    "Alternative health care model" means a facility or program
authorized under the Alternative Health Care Delivery Act.
    "Out-of-state facility" means a person that is both (i)
licensed as a hospital or as an ambulatory surgery center under
the laws of another state or that qualifies as a hospital or an
ambulatory surgery center under regulations adopted pursuant
to the Social Security Act and (ii) not licensed under the
Ambulatory Surgical Treatment Center Act, the Hospital
Licensing Act, or the Nursing Home Care Act. Affiliates of
out-of-state facilities shall be considered out-of-state
facilities. Affiliates of Illinois licensed health care
facilities 100% owned by an Illinois licensed health care
facility, its parent, or Illinois physicians licensed to
practice medicine in all its branches shall not be considered
out-of-state facilities. Nothing in this definition shall be
construed to include an office or any part of an office of a
physician licensed to practice medicine in all its branches in
Illinois that is not required to be licensed under the
Ambulatory Surgical Treatment Center Act.
    "Change of ownership of a health care facility" means a
change in the person who has ownership or control of a health
care facility's physical plant and capital assets. A change in
ownership is indicated by the following transactions: sale,
transfer, acquisition, lease, change of sponsorship, or other
means of transferring control.
    "Related person" means any person that: (i) is at least 50%
owned, directly or indirectly, by either the health care
facility or a person owning, directly or indirectly, at least
50% of the health care facility; or (ii) owns, directly or
indirectly, at least 50% of the health care facility.
    "Charity care" means care provided by a health care
facility for which the provider does not expect to receive
payment from the patient or a third-party payer.
    "Freestanding emergency center" means a facility subject
to licensure under Section 32.5 of the Emergency Medical
Services (EMS) Systems Act.
    "Category of service" means a grouping by generic class of
various types or levels of support functions, equipment, care,
or treatment provided to patients or residents, including, but
not limited to, classes such as medical-surgical, pediatrics,
or cardiac catheterization. A category of service may include
subcategories or levels of care that identify a particular
degree or type of care within the category of service. Nothing
in this definition shall be construed to include the practice
of a physician or other licensed health care professional while
functioning in an office providing for the care, diagnosis, or
treatment of patients. A category of service that is subject to
the Board's jurisdiction must be designated in rules adopted by
the Board.
    "State Board Staff Report" means the document that sets
forth the review and findings of the State Board staff, as
prescribed by the State Board, regarding applications subject
to Board jurisdiction.
(Source: P.A. 97-38, eff. 6-28-11; 97-277, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-980, eff. 8-17-12; 98-414, eff. 1-1-14;
98-629, eff. 1-1-15; 98-651, eff. 6-16-14; 98-1086, eff.
8-26-14; revised 10-22-14.)
 
    (20 ILCS 3960/12)  (from Ch. 111 1/2, par. 1162)
    (Section scheduled to be repealed on December 31, 2019)
    Sec. 12. Powers and duties of State Board. For purposes of
this Act, the State Board shall exercise the following powers
and duties:
    (1) Prescribe rules, regulations, standards, criteria,
procedures or reviews which may vary according to the purpose
for which a particular review is being conducted or the type of
project reviewed and which are required to carry out the
provisions and purposes of this Act. Policies and procedures of
the State Board shall take into consideration the priorities
and needs of medically underserved areas and other health care
services identified through the comprehensive health planning
process, giving special consideration to the impact of projects
on access to safety net services.
    (2) Adopt procedures for public notice and hearing on all
proposed rules, regulations, standards, criteria, and plans
required to carry out the provisions of this Act.
    (3) (Blank).
    (4) Develop criteria and standards for health care
facilities planning, conduct statewide inventories of health
care facilities, maintain an updated inventory on the Board's
web site reflecting the most recent bed and service changes and
updated need determinations when new census data become
available or new need formulae are adopted, and develop health
care facility plans which shall be utilized in the review of
applications for permit under this Act. Such health facility
plans shall be coordinated by the Board with pertinent State
Plans. Inventories pursuant to this Section of skilled or
intermediate care facilities licensed under the Nursing Home
Care Act, skilled or intermediate care facilities licensed
under the ID/DD Community Care Act, skilled or intermediate
care facilities licensed under the MC/DD Act, facilities
licensed under the Specialized Mental Health Rehabilitation
Act of 2013, or nursing homes licensed under the Hospital
Licensing Act shall be conducted on an annual basis no later
than July 1 of each year and shall include among the
information requested a list of all services provided by a
facility to its residents and to the community at large and
differentiate between active and inactive beds.
    In developing health care facility plans, the State Board
shall consider, but shall not be limited to, the following:
        (a) The size, composition and growth of the population
    of the area to be served;
        (b) The number of existing and planned facilities
    offering similar programs;
        (c) The extent of utilization of existing facilities;
        (d) The availability of facilities which may serve as
    alternatives or substitutes;
        (e) The availability of personnel necessary to the
    operation of the facility;
        (f) Multi-institutional planning and the establishment
    of multi-institutional systems where feasible;
        (g) The financial and economic feasibility of proposed
    construction or modification; and
        (h) In the case of health care facilities established
    by a religious body or denomination, the needs of the
    members of such religious body or denomination may be
    considered to be public need.
    The health care facility plans which are developed and
adopted in accordance with this Section shall form the basis
for the plan of the State to deal most effectively with
statewide health needs in regard to health care facilities.
    (5) Coordinate with the Center for Comprehensive Health
Planning and other state agencies having responsibilities
affecting health care facilities, including those of licensure
and cost reporting. Beginning no later than January 1, 2013,
the Department of Public Health shall produce a written annual
report to the Governor and the General Assembly regarding the
development of the Center for Comprehensive Health Planning.
The Chairman of the State Board and the State Board
Administrator shall also receive a copy of the annual report.
    (6) Solicit, accept, hold and administer on behalf of the
State any grants or bequests of money, securities or property
for use by the State Board or Center for Comprehensive Health
Planning in the administration of this Act; and enter into
contracts consistent with the appropriations for purposes
enumerated in this Act.
    (7) The State Board shall prescribe procedures for review,
standards, and criteria which shall be utilized to make
periodic reviews and determinations of the appropriateness of
any existing health services being rendered by health care
facilities subject to the Act. The State Board shall consider
recommendations of the Board in making its determinations.
    (8) Prescribe, in consultation with the Center for
Comprehensive Health Planning, rules, regulations, standards,
and criteria for the conduct of an expeditious review of
applications for permits for projects of construction or
modification of a health care facility, which projects are
classified as emergency, substantive, or non-substantive in
nature.
    Six months after June 30, 2009 (the effective date of
Public Act 96-31), substantive projects shall include no more
than the following:
        (a) Projects to construct (1) a new or replacement
    facility located on a new site or (2) a replacement
    facility located on the same site as the original facility
    and the cost of the replacement facility exceeds the
    capital expenditure minimum, which shall be reviewed by the
    Board within 120 days;
        (b) Projects proposing a (1) new service within an
    existing healthcare facility or (2) discontinuation of a
    service within an existing healthcare facility, which
    shall be reviewed by the Board within 60 days; or
        (c) Projects proposing a change in the bed capacity of
    a health care facility by an increase in the total number
    of beds or by a redistribution of beds among various
    categories of service or by a relocation of beds from one
    physical facility or site to another by more than 20 beds
    or more than 10% of total bed capacity, as defined by the
    State Board, whichever is less, over a 2-year period.
    The Chairman may approve applications for exemption that
meet the criteria set forth in rules or refer them to the full
Board. The Chairman may approve any unopposed application that
meets all of the review criteria or refer them to the full
Board.
    Such rules shall not abridge the right of the Center for
Comprehensive Health Planning to make recommendations on the
classification and approval of projects, nor shall such rules
prevent the conduct of a public hearing upon the timely request
of an interested party. Such reviews shall not exceed 60 days
from the date the application is declared to be complete.
    (9) Prescribe rules, regulations, standards, and criteria
pertaining to the granting of permits for construction and
modifications which are emergent in nature and must be
undertaken immediately to prevent or correct structural
deficiencies or hazardous conditions that may harm or injure
persons using the facility, as defined in the rules and
regulations of the State Board. This procedure is exempt from
public hearing requirements of this Act.
    (10) Prescribe rules, regulations, standards and criteria
for the conduct of an expeditious review, not exceeding 60
days, of applications for permits for projects to construct or
modify health care facilities which are needed for the care and
treatment of persons who have acquired immunodeficiency
syndrome (AIDS) or related conditions.
    (11) Issue written decisions upon request of the applicant
or an adversely affected party to the Board. Requests for a
written decision shall be made within 15 days after the Board
meeting in which a final decision has been made. A "final
decision" for purposes of this Act is the decision to approve
or deny an application, or take other actions permitted under
this Act, at the time and date of the meeting that such action
is scheduled by the Board. State Board members shall provide
their rationale when voting on an item before the State Board
at a State Board meeting in order to comply with subsection (b)
of Section 3-108 of the Administrative Review Law of the Code
of Civil Procedure. The transcript of the State Board meeting
shall be incorporated into the Board's final decision. The
staff of the Board shall prepare a written copy of the final
decision and the Board shall approve a final copy for inclusion
in the formal record. The Board shall consider, for approval,
the written draft of the final decision no later than the next
scheduled Board meeting. The written decision shall identify
the applicable criteria and factors listed in this Act and the
Board's regulations that were taken into consideration by the
Board when coming to a final decision. If the Board denies or
fails to approve an application for permit or exemption, the
Board shall include in the final decision a detailed
explanation as to why the application was denied and identify
what specific criteria or standards the applicant did not
fulfill.
    (12) Require at least one of its members to participate in
any public hearing, after the appointment of a majority of the
members to the Board.
    (13) Provide a mechanism for the public to comment on, and
request changes to, draft rules and standards.
    (14) Implement public information campaigns to regularly
inform the general public about the opportunity for public
hearings and public hearing procedures.
    (15) Establish a separate set of rules and guidelines for
long-term care that recognizes that nursing homes are a
different business line and service model from other regulated
facilities. An open and transparent process shall be developed
that considers the following: how skilled nursing fits in the
continuum of care with other care providers, modernization of
nursing homes, establishment of more private rooms,
development of alternative services, and current trends in
long-term care services. The Chairman of the Board shall
appoint a permanent Health Services Review Board Long-term Care
Facility Advisory Subcommittee that shall develop and
recommend to the Board the rules to be established by the Board
under this paragraph (15). The Subcommittee shall also provide
continuous review and commentary on policies and procedures
relative to long-term care and the review of related projects.
In consultation with other experts from the health field of
long-term care, the Board and the Subcommittee shall study new
approaches to the current bed need formula and Health Service
Area boundaries to encourage flexibility and innovation in
design models reflective of the changing long-term care
marketplace and consumer preferences. The Subcommittee shall
evaluate, and make recommendations to the State Board
regarding, the buying, selling, and exchange of beds between
long-term care facilities within a specified geographic area or
drive time. The Board shall file the proposed related
administrative rules for the separate rules and guidelines for
long-term care required by this paragraph (15) by no later than
September 30, 2011. The Subcommittee shall be provided a
reasonable and timely opportunity to review and comment on any
review, revision, or updating of the criteria, standards,
procedures, and rules used to evaluate project applications as
provided under Section 12.3 of this Act.
    (16) Prescribe and provide forms pertaining to the State
Board Staff Report. A State Board Staff Report shall pertain to
applications that include, but are not limited to, applications
for permit or exemption, applications for permit renewal,
applications for extension of the obligation period,
applications requesting a declaratory ruling, or applications
under the Health Care Worker Self-Referral Self Referral Act.
State Board Staff Reports shall compare applications to the
relevant review criteria under the Board's rules.
    (17) (16) Establish a separate set of rules and guidelines
for facilities licensed under the Specialized Mental Health
Rehabilitation Act of 2013. An application for the
re-establishment of a facility in connection with the
relocation of the facility shall not be granted unless the
applicant has a contractual relationship with at least one
hospital to provide emergency and inpatient mental health
services required by facility consumers, and at least one
community mental health agency to provide oversight and
assistance to facility consumers while living in the facility,
and appropriate services, including case management, to assist
them to prepare for discharge and reside stably in the
community thereafter. No new facilities licensed under the
Specialized Mental Health Rehabilitation Act of 2013 shall be
established after June 16, 2014 (the effective date of Public
Act 98-651) this amendatory Act of the 98th General Assembly
except in connection with the relocation of an existing
facility to a new location. An application for a new location
shall not be approved unless there are adequate community
services accessible to the consumers within a reasonable
distance, or by use of public transportation, so as to
facilitate the goal of achieving maximum individual self-care
and independence. At no time shall the total number of
authorized beds under this Act in facilities licensed under the
Specialized Mental Health Rehabilitation Act of 2013 exceed the
number of authorized beds on June 16, 2014 (the effective date
of Public Act 98-651) this amendatory Act of the 98th General
Assembly.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-1045, eff. 8-21-13; 97-1115, eff. 8-27-12;
98-414, eff. 1-1-14; 98-463, eff. 8-16-13; 98-651, eff.
6-16-14; 98-1086, eff. 8-26-14; revised 10-1-14.)
 
    (20 ILCS 3960/13)  (from Ch. 111 1/2, par. 1163)
    (Section scheduled to be repealed on December 31, 2019)
    Sec. 13. Investigation of applications for permits and
certificates of recognition. The State Board shall make or
cause to be made such investigations as it deems necessary in
connection with an application for a permit or an application
for a certificate of recognition, or in connection with a
determination of whether or not construction or modification
which has been commenced is in accord with the permit issued by
the State Board or whether construction or modification has
been commenced without a permit having been obtained. The State
Board may issue subpoenas duces tecum requiring the production
of records and may administer oaths to such witnesses.
    Any circuit court of this State, upon the application of
the State Board or upon the application of any party to such
proceedings, may, in its discretion, compel the attendance of
witnesses, the production of books, papers, records, or
memoranda and the giving of testimony before the State Board,
by a proceeding as for contempt, or otherwise, in the same
manner as production of evidence may be compelled before the
court.
    The State Board shall require all health facilities
operating in this State to provide such reasonable reports at
such times and containing such information as is needed by it
to carry out the purposes and provisions of this Act. Prior to
collecting information from health facilities, the State Board
shall make reasonable efforts through a public process to
consult with health facilities and associations that represent
them to determine whether data and information requests will
result in useful information for health planning, whether
sufficient information is available from other sources, and
whether data requested is routinely collected by health
facilities and is available without retrospective record
review. Data and information requests shall not impose undue
paperwork burdens on health care facilities and personnel.
Health facilities not complying with this requirement shall be
reported to licensing, accrediting, certifying, or payment
agencies as being in violation of State law. Health care
facilities and other parties at interest shall have reasonable
access, under rules established by the State Board, to all
planning information submitted in accord with this Act
pertaining to their area.
    Among the reports to be required by the State Board are
facility questionnaires for health care facilities licensed
under the Ambulatory Surgical Treatment Center Act, the
Hospital Licensing Act, the Nursing Home Care Act, the ID/DD
Community Care Act, the MC/DD Act, the Specialized Mental
Health Rehabilitation Act of 2013, or the End Stage Renal
Disease Facility Act. These questionnaires shall be conducted
on an annual basis and compiled by the State Board. For health
care facilities licensed under the Nursing Home Care Act or the
Specialized Mental Health Rehabilitation Act of 2013, these
reports shall include, but not be limited to, the
identification of specialty services provided by the facility
to patients, residents, and the community at large. Annual
reports for facilities licensed under the ID/DD Community Care
Act and facilities licensed under the MC/DD Act shall be
different from the annual reports required of other health care
facilities and shall be specific to those facilities licensed
under the ID/DD Community Care Act or the MC/DD Act. The Health
Facilities and Services Review Board shall consult with
associations representing facilities licensed under the ID/DD
Community Care Act and associations representing facilities
licensed under the MC/DD Act when developing the information
requested in these annual reports. For health care facilities
that contain long term care beds, the reports shall also
include the number of staffed long term care beds, physical
capacity for long term care beds at the facility, and long term
care beds available for immediate occupancy. For purposes of
this paragraph, "long term care beds" means beds (i) licensed
under the Nursing Home Care Act, (ii) licensed under the ID/DD
Community Care Act, (iii) licensed under the MC/DD Act, (iv)
(iii) licensed under the Hospital Licensing Act, or (v) (iv)
licensed under the Specialized Mental Health Rehabilitation
Act of 2013 and certified as skilled nursing or nursing
facility beds under Medicaid or Medicare.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-980, eff. 8-17-12; 98-1086, eff. 8-26-14.)
 
    (20 ILCS 3960/14.1)
    Sec. 14.1. Denial of permit; other sanctions.
    (a) The State Board may deny an application for a permit or
may revoke or take other action as permitted by this Act with
regard to a permit as the State Board deems appropriate,
including the imposition of fines as set forth in this Section,
for any one or a combination of the following:
        (1) The acquisition of major medical equipment without
    a permit or in violation of the terms of a permit.
        (2) The establishment, construction, or modification
    of a health care facility without a permit or in violation
    of the terms of a permit.
        (3) The violation of any provision of this Act or any
    rule adopted under this Act.
        (4) The failure, by any person subject to this Act, to
    provide information requested by the State Board or Agency
    within 30 days after a formal written request for the
    information.
        (5) The failure to pay any fine imposed under this
    Section within 30 days of its imposition.
    (a-5) For facilities licensed under the ID/DD Community
Care Act, no permit shall be denied on the basis of prior
operator history, other than for actions specified under item
(2), (4), or (5) of Section 3-117 of the ID/DD Community Care
Act. For facilities licensed under the MC/DD Act, no permit
shall be denied on the basis of prior operator history, other
than for actions specified under item (2), (4), or (5) of
Section 3-117 of the MC/DD Act. For facilities licensed under
the Specialized Mental Health Rehabilitation Act of 2013, no
permit shall be denied on the basis of prior operator history,
other than for actions specified under item (2), (4), or (5) of
Section 3-117 of the Specialized Mental Health Rehabilitation
Act of 2013. For facilities licensed under the Nursing Home
Care Act, no permit shall be denied on the basis of prior
operator history, other than for: (i) actions specified under
item (2), (3), (4), (5), or (6) of Section 3-117 of the Nursing
Home Care Act; (ii) actions specified under item (a)(6) of
Section 3-119 of the Nursing Home Care Act; or (iii) actions
within the preceding 5 years constituting a substantial and
repeated failure to comply with the Nursing Home Care Act or
the rules and regulations adopted by the Department under that
Act. The State Board shall not deny a permit on account of any
action described in this subsection (a-5) without also
considering all such actions in the light of all relevant
information available to the State Board, including whether the
permit is sought to substantially comply with a mandatory or
voluntary plan of correction associated with any action
described in this subsection (a-5).
    (b) Persons shall be subject to fines as follows:
        (1) A permit holder who fails to comply with the
    requirements of maintaining a valid permit shall be fined
    an amount not to exceed 1% of the approved permit amount
    plus an additional 1% of the approved permit amount for
    each 30-day period, or fraction thereof, that the violation
    continues.
        (2) A permit holder who alters the scope of an approved
    project or whose project costs exceed the allowable permit
    amount without first obtaining approval from the State
    Board shall be fined an amount not to exceed the sum of (i)
    the lesser of $25,000 or 2% of the approved permit amount
    and (ii) in those cases where the approved permit amount is
    exceeded by more than $1,000,000, an additional $20,000 for
    each $1,000,000, or fraction thereof, in excess of the
    approved permit amount.
        (2.5) A permit holder who fails to comply with the
    post-permit and reporting requirements set forth in
    Section 5 shall be fined an amount not to exceed $10,000
    plus an additional $10,000 for each 30-day period, or
    fraction thereof, that the violation continues. This fine
    shall continue to accrue until the date that (i) the
    post-permit requirements are met and the post-permit
    reports are received by the State Board or (ii) the matter
    is referred by the State Board to the State Board's legal
    counsel. The accrued fine is not waived by the permit
    holder submitting the required information and reports.
    Prior to any fine beginning to accrue, the Board shall
    notify, in writing, a permit holder of the due date for the
    post-permit and reporting requirements no later than 30
    days before the due date for the requirements. This
    paragraph (2.5) takes effect 6 months after August 27, 2012
    (the effective date of Public Act 97-1115).
        (3) A person who acquires major medical equipment or
    who establishes a category of service without first
    obtaining a permit or exemption, as the case may be, shall
    be fined an amount not to exceed $10,000 for each such
    acquisition or category of service established plus an
    additional $10,000 for each 30-day period, or fraction
    thereof, that the violation continues.
        (4) A person who constructs, modifies, or establishes a
    health care facility without first obtaining a permit shall
    be fined an amount not to exceed $25,000 plus an additional
    $25,000 for each 30-day period, or fraction thereof, that
    the violation continues.
        (5) A person who discontinues a health care facility or
    a category of service without first obtaining a permit
    shall be fined an amount not to exceed $10,000 plus an
    additional $10,000 for each 30-day period, or fraction
    thereof, that the violation continues. For purposes of this
    subparagraph (5), facilities licensed under the Nursing
    Home Care Act, or the ID/DD Community Care Act, or the
    MC/DD Act, with the exceptions of facilities operated by a
    county or Illinois Veterans Homes, are exempt from this
    permit requirement. However, facilities licensed under the
    Nursing Home Care Act, or the ID/DD Community Care Act, or
    the MC/DD Act must comply with Section 3-423 of the Nursing
    Home Care Act, or Section 3-423 of the ID/DD Community Care
    Act, or Section 3-423 of the MC/DD Act and must provide the
    Board and the Department of Human Services with 30 days'
    written notice of their its intent to close. Facilities
    licensed under the ID/DD Community Care Act or the MC/DD
    Act also must provide the Board and the Department of Human
    Services with 30 days' written notice of their its intent
    to reduce the number of beds for a facility.
        (6) A person subject to this Act who fails to provide
    information requested by the State Board or Agency within
    30 days of a formal written request shall be fined an
    amount not to exceed $1,000 plus an additional $1,000 for
    each 30-day period, or fraction thereof, that the
    information is not received by the State Board or Agency.
    (c) Before imposing any fine authorized under this Section,
the State Board shall afford the person or permit holder, as
the case may be, an appearance before the State Board and an
opportunity for a hearing before a hearing officer appointed by
the State Board. The hearing shall be conducted in accordance
with Section 10.
    (d) All fines collected under this Act shall be transmitted
to the State Treasurer, who shall deposit them into the
Illinois Health Facilities Planning Fund.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 97-980, eff. 8-17-12; 97-1115, eff. 8-27-12;
98-463, eff. 8-16-13.)
 
    Section 40. The Illinois Income Tax Act is amended by
changing Section 806 as follows:
 
    (35 ILCS 5/806)
    Sec. 806. Exemption from penalty. An individual taxpayer
shall not be subject to a penalty for failing to pay estimated
tax as required by Section 803 if the taxpayer is 65 years of
age or older and is a permanent resident of a nursing home. For
purposes of this Section, "nursing home" means a skilled
nursing or intermediate long term care facility that is subject
to licensure by the Illinois Department of Public Health under
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, or the ID/DD Community Care Act, or
the MC/DD Act.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
eff. 7-13-12; 98-104, eff. 7-22-13.)
 
    Section 45. The Use Tax Act is amended by changing Section
3-5 as follows:
 
    (35 ILCS 105/3-5)
    Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
    (1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
    (2) Personal property purchased by a not-for-profit
Illinois county fair association for use in conducting,
operating, or promoting the county fair.
    (3) Personal property purchased by a not-for-profit arts or
cultural organization that establishes, by proof required by
the Department by rule, that it has received an exemption under
Section 501(c)(3) of the Internal Revenue Code and that is
organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after the effective date
of this amendatory Act of the 92nd General Assembly, however,
an entity otherwise eligible for this exemption shall not make
tax-free purchases unless it has an active identification
number issued by the Department.
    (4) Personal property purchased by a governmental body, by
a corporation, society, association, foundation, or
institution organized and operated exclusively for charitable,
religious, or educational purposes, or by a not-for-profit
corporation, society, association, foundation, institution, or
organization that has no compensated officers or employees and
that is organized and operated primarily for the recreation of
persons 55 years of age or older. A limited liability company
may qualify for the exemption under this paragraph only if the
limited liability company is organized and operated
exclusively for educational purposes. On and after July 1,
1987, however, no entity otherwise eligible for this exemption
shall make tax-free purchases unless it has an active exemption
identification number issued by the Department.
    (5) Until July 1, 2003, a passenger car that is a
replacement vehicle to the extent that the purchase price of
the car is subject to the Replacement Vehicle Tax.
    (6) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new and
used, and including that manufactured on special order,
certified by the purchaser to be used primarily for graphic
arts production, and including machinery and equipment
purchased for lease. Equipment includes chemicals or chemicals
acting as catalysts but only if the chemicals or chemicals
acting as catalysts effect a direct and immediate change upon a
graphic arts product.
    (7) Farm chemicals.
    (8) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
    (9) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
    (10) A motor vehicle that is used for automobile renting,
as defined in the Automobile Renting Occupation and Use Tax
Act.
    (11) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to
be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (11). Agricultural chemical tender tanks and dry
boxes shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed if the selling price of the
tender is separately stated.
    Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
    Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals. This item (11) is exempt from the
provisions of Section 3-90.
    (12) Until June 30, 2013, fuel and petroleum products sold
to or used by an air common carrier, certified by the carrier
to be used for consumption, shipment, or storage in the conduct
of its business as an air common carrier, for a flight destined
for or returning from a location or locations outside the
United States without regard to previous or subsequent domestic
stopovers.
    Beginning July 1, 2013, fuel and petroleum products sold to
or used by an air carrier, certified by the carrier to be used
for consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight that (i) is
engaged in foreign trade or is engaged in trade between the
United States and any of its possessions and (ii) transports at
least one individual or package for hire from the city of
origination to the city of final destination on the same
aircraft, without regard to a change in the flight number of
that aircraft.
    (13) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages purchased at retail from a retailer, to the
extent that the proceeds of the service charge are in fact
turned over as tips or as a substitute for tips to the
employees who participate directly in preparing, serving,
hosting or cleaning up the food or beverage function with
respect to which the service charge is imposed.
    (14) Until July 1, 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of rigs,
rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
tubular goods, including casing and drill strings, (iii) pumps
and pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
    (15) Photoprocessing machinery and equipment, including
repair and replacement parts, both new and used, including that
manufactured on special order, certified by the purchaser to be
used primarily for photoprocessing, and including
photoprocessing machinery and equipment purchased for lease.
    (16) Coal and aggregate exploration, mining, off-highway
hauling, processing, maintenance, and reclamation equipment,
including replacement parts and equipment, and including
equipment purchased for lease, but excluding motor vehicles
required to be registered under the Illinois Vehicle Code. The
changes made to this Section by Public Act 97-767 apply on and
after July 1, 2003, but no claim for credit or refund is
allowed on or after August 16, 2013 (the effective date of
Public Act 98-456) for such taxes paid during the period
beginning July 1, 2003 and ending on August 16, 2013 (the
effective date of Public Act 98-456).
    (17) Until July 1, 2003, distillation machinery and
equipment, sold as a unit or kit, assembled or installed by the
retailer, certified by the user to be used only for the
production of ethyl alcohol that will be used for consumption
as motor fuel or as a component of motor fuel for the personal
use of the user, and not subject to sale or resale.
    (18) Manufacturing and assembling machinery and equipment
used primarily in the process of manufacturing or assembling
tangible personal property for wholesale or retail sale or
lease, whether that sale or lease is made directly by the
manufacturer or by some other person, whether the materials
used in the process are owned by the manufacturer or some other
person, or whether that sale or lease is made apart from or as
an incident to the seller's engaging in the service occupation
of producing machines, tools, dies, jigs, patterns, gauges, or
other similar items of no commercial value on special order for
a particular purchaser. The exemption provided by this
paragraph (18) does not include machinery and equipment used in
(i) the generation of electricity for wholesale or retail sale;
(ii) the generation or treatment of natural or artificial gas
for wholesale or retail sale that is delivered to customers
through pipes, pipelines, or mains; or (iii) the treatment of
water for wholesale or retail sale that is delivered to
customers through pipes, pipelines, or mains. The provisions of
Public Act 98-583 are declaratory of existing law as to the
meaning and scope of this exemption.
    (19) Personal property delivered to a purchaser or
purchaser's donee inside Illinois when the purchase order for
that personal property was received by a florist located
outside Illinois who has a florist located inside Illinois
deliver the personal property.
    (20) Semen used for artificial insemination of livestock
for direct agricultural production.
    (21) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (21) is exempt from the provisions
of Section 3-90, and the exemption provided for under this item
(21) applies for all periods beginning May 30, 1995, but no
claim for credit or refund is allowed on or after January 1,
2008 for such taxes paid during the period beginning May 30,
2000 and ending on January 1, 2008.
    (22) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other non-exempt manner, the lessor shall be liable for the
tax imposed under this Act or the Service Use Tax Act, as the
case may be, based on the fair market value of the property at
the time the non-qualifying use occurs. No lessor shall collect
or attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Service Use Tax Act, as the case may be, if the tax
has not been paid by the lessor. If a lessor improperly
collects any such amount from the lessee, the lessee shall have
a legal right to claim a refund of that amount from the lessor.
If, however, that amount is not refunded to the lessee for any
reason, the lessor is liable to pay that amount to the
Department.
    (23) Personal property purchased by a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time the lessor would otherwise be subject to the
tax imposed by this Act, to a governmental body that has been
issued an active sales tax exemption identification number by
the Department under Section 1g of the Retailers' Occupation
Tax Act. If the property is leased in a manner that does not
qualify for this exemption or used in any other non-exempt
manner, the lessor shall be liable for the tax imposed under
this Act or the Service Use Tax Act, as the case may be, based
on the fair market value of the property at the time the
non-qualifying use occurs. No lessor shall collect or attempt
to collect an amount (however designated) that purports to
reimburse that lessor for the tax imposed by this Act or the
Service Use Tax Act, as the case may be, if the tax has not been
paid by the lessor. If a lessor improperly collects any such
amount from the lessee, the lessee shall have a legal right to
claim a refund of that amount from the lessor. If, however,
that amount is not refunded to the lessee for any reason, the
lessor is liable to pay that amount to the Department.
    (24) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated for
disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
    (25) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in the
performance of infrastructure repairs in this State, including
but not limited to municipal roads and streets, access roads,
bridges, sidewalks, waste disposal systems, water and sewer
line extensions, water distribution and purification
facilities, storm water drainage and retention facilities, and
sewage treatment facilities, resulting from a State or
federally declared disaster in Illinois or bordering Illinois
when such repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
    (26) Beginning July 1, 1999, game or game birds purchased
at a "game breeding and hunting preserve area" as that term is
used in the Wildlife Code. This paragraph is exempt from the
provisions of Section 3-90.
    (27) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the Department
to be organized and operated exclusively for educational
purposes. For purposes of this exemption, "a corporation,
limited liability company, society, association, foundation,
or institution organized and operated exclusively for
educational purposes" means all tax-supported public schools,
private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and
that compare favorably in their scope and intensity with the
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized and
operated exclusively to provide a course of study of not less
than 6 weeks duration and designed to prepare individuals to
follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
    (28) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-90.
    (29) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other
items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 3-90.
    (30) Beginning January 1, 2001 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD Community Care Act, the MC/DD Act, or the
Specialized Mental Health Rehabilitation Act of 2013.
    (31) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, computers and communications
equipment utilized for any hospital purpose and equipment used
in the diagnosis, analysis, or treatment of hospital patients
purchased by a lessor who leases the equipment, under a lease
of one year or longer executed or in effect at the time the
lessor would otherwise be subject to the tax imposed by this
Act, to a hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other nonexempt manner, the lessor shall be liable for the
tax imposed under this Act or the Service Use Tax Act, as the
case may be, based on the fair market value of the property at
the time the nonqualifying use occurs. No lessor shall collect
or attempt to collect an amount (however designated) that
purports to reimburse that lessor for the tax imposed by this
Act or the Service Use Tax Act, as the case may be, if the tax
has not been paid by the lessor. If a lessor improperly
collects any such amount from the lessee, the lessee shall have
a legal right to claim a refund of that amount from the lessor.
If, however, that amount is not refunded to the lessee for any
reason, the lessor is liable to pay that amount to the
Department. This paragraph is exempt from the provisions of
Section 3-90.
    (32) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, personal property purchased by a
lessor who leases the property, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
governmental body that has been issued an active sales tax
exemption identification number by the Department under
Section 1g of the Retailers' Occupation Tax Act. If the
property is leased in a manner that does not qualify for this
exemption or used in any other nonexempt manner, the lessor
shall be liable for the tax imposed under this Act or the
Service Use Tax Act, as the case may be, based on the fair
market value of the property at the time the nonqualifying use
occurs. No lessor shall collect or attempt to collect an amount
(however designated) that purports to reimburse that lessor for
the tax imposed by this Act or the Service Use Tax Act, as the
case may be, if the tax has not been paid by the lessor. If a
lessor improperly collects any such amount from the lessee, the
lessee shall have a legal right to claim a refund of that
amount from the lessor. If, however, that amount is not
refunded to the lessee for any reason, the lessor is liable to
pay that amount to the Department. This paragraph is exempt
from the provisions of Section 3-90.
    (33) On and after July 1, 2003 and through June 30, 2004,
the use in this State of motor vehicles of the second division
with a gross vehicle weight in excess of 8,000 pounds and that
are subject to the commercial distribution fee imposed under
Section 3-815.1 of the Illinois Vehicle Code. Beginning on July
1, 2004 and through June 30, 2005, the use in this State of
motor vehicles of the second division: (i) with a gross vehicle
weight rating in excess of 8,000 pounds; (ii) that are subject
to the commercial distribution fee imposed under Section
3-815.1 of the Illinois Vehicle Code; and (iii) that are
primarily used for commercial purposes. Through June 30, 2005,
this exemption applies to repair and replacement parts added
after the initial purchase of such a motor vehicle if that
motor vehicle is used in a manner that would qualify for the
rolling stock exemption otherwise provided for in this Act. For
purposes of this paragraph, the term "used for commercial
purposes" means the transportation of persons or property in
furtherance of any commercial or industrial enterprise,
whether for-hire or not.
    (34) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued under
Title IV of the Environmental Protection Act. This paragraph is
exempt from the provisions of Section 3-90.
    (35) Beginning January 1, 2010, materials, parts,
equipment, components, and furnishings incorporated into or
upon an aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the
aircraft. This exemption includes consumable supplies used in
the modification, refurbishment, completion, replacement,
repair, and maintenance of aircraft, but excludes any
materials, parts, equipment, components, and consumable
supplies used in the modification, replacement, repair, and
maintenance of aircraft engines or power plants, whether such
engines or power plants are installed or uninstalled upon any
such aircraft. "Consumable supplies" include, but are not
limited to, adhesive, tape, sandpaper, general purpose
lubricants, cleaning solution, latex gloves, and protective
films. This exemption applies only to the use of qualifying
tangible personal property by persons who modify, refurbish,
complete, repair, replace, or maintain aircraft and who (i)
hold an Air Agency Certificate and are empowered to operate an
approved repair station by the Federal Aviation
Administration, (ii) have a Class IV Rating, and (iii) conduct
operations in accordance with Part 145 of the Federal Aviation
Regulations. The exemption does not include aircraft operated
by a commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part 129
of the Federal Aviation Regulations. The changes made to this
paragraph (35) by Public Act 98-534 are declarative of existing
law.
    (36) Tangible personal property purchased by a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt instruments
issued by the public-facilities corporation in connection with
the development of the municipal convention hall. This
exemption includes existing public-facilities corporations as
provided in Section 11-65-25 of the Illinois Municipal Code.
This paragraph is exempt from the provisions of Section 3-90.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-431,
eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, eff. 7-9-12; 98-104,
eff. 7-22-13; 98-422, eff. 8-16-13; 98-456, eff. 8-16-13;
98-534, eff. 8-23-13; 98-574, eff. 1-1-14; 98-583, eff. 1-1-14;
98-756, eff. 7-16-14.)
 
    Section 50. The Service Use Tax Act is amended by changing
Sections 3-5 and 3-10 as follows:
 
    (35 ILCS 110/3-5)
    Sec. 3-5. Exemptions. Use of the following tangible
personal property is exempt from the tax imposed by this Act:
    (1) Personal property purchased from a corporation,
society, association, foundation, institution, or
organization, other than a limited liability company, that is
organized and operated as a not-for-profit service enterprise
for the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for the
purpose of resale by the enterprise.
    (2) Personal property purchased by a non-profit Illinois
county fair association for use in conducting, operating, or
promoting the county fair.
    (3) Personal property purchased by a not-for-profit arts or
cultural organization that establishes, by proof required by
the Department by rule, that it has received an exemption under
Section 501(c)(3) of the Internal Revenue Code and that is
organized and operated primarily for the presentation or
support of arts or cultural programming, activities, or
services. These organizations include, but are not limited to,
music and dramatic arts organizations such as symphony
orchestras and theatrical groups, arts and cultural service
organizations, local arts councils, visual arts organizations,
and media arts organizations. On and after the effective date
of this amendatory Act of the 92nd General Assembly, however,
an entity otherwise eligible for this exemption shall not make
tax-free purchases unless it has an active identification
number issued by the Department.
    (4) Legal tender, currency, medallions, or gold or silver
coinage issued by the State of Illinois, the government of the
United States of America, or the government of any foreign
country, and bullion.
    (5) Until July 1, 2003 and beginning again on September 1,
2004 through August 30, 2014, graphic arts machinery and
equipment, including repair and replacement parts, both new and
used, and including that manufactured on special order or
purchased for lease, certified by the purchaser to be used
primarily for graphic arts production. Equipment includes
chemicals or chemicals acting as catalysts but only if the
chemicals or chemicals acting as catalysts effect a direct and
immediate change upon a graphic arts product.
    (6) Personal property purchased from a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
    (7) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by the
purchaser to be used primarily for production agriculture or
State or federal agricultural programs, including individual
replacement parts for the machinery and equipment, including
machinery and equipment purchased for lease, and including
implements of husbandry defined in Section 1-130 of the
Illinois Vehicle Code, farm machinery and agricultural
chemical and fertilizer spreaders, and nurse wagons required to
be registered under Section 3-809 of the Illinois Vehicle Code,
but excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses or
hoop houses used for propagating, growing, or overwintering
plants shall be considered farm machinery and equipment under
this item (7). Agricultural chemical tender tanks and dry boxes
shall include units sold separately from a motor vehicle
required to be licensed and units sold mounted on a motor
vehicle required to be licensed if the selling price of the
tender is separately stated.
    Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but not
limited to, tractors, harvesters, sprayers, planters, seeders,
or spreaders. Precision farming equipment includes, but is not
limited to, soil testing sensors, computers, monitors,
software, global positioning and mapping systems, and other
such equipment.
    Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in the
computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not limited
to, the collection, monitoring, and correlation of animal and
crop data for the purpose of formulating animal diets and
agricultural chemicals. This item (7) is exempt from the
provisions of Section 3-75.
    (8) Until June 30, 2013, fuel and petroleum products sold
to or used by an air common carrier, certified by the carrier
to be used for consumption, shipment, or storage in the conduct
of its business as an air common carrier, for a flight destined
for or returning from a location or locations outside the
United States without regard to previous or subsequent domestic
stopovers.
    Beginning July 1, 2013, fuel and petroleum products sold to
or used by an air carrier, certified by the carrier to be used
for consumption, shipment, or storage in the conduct of its
business as an air common carrier, for a flight that (i) is
engaged in foreign trade or is engaged in trade between the
United States and any of its possessions and (ii) transports at
least one individual or package for hire from the city of
origination to the city of final destination on the same
aircraft, without regard to a change in the flight number of
that aircraft.
    (9) Proceeds of mandatory service charges separately
stated on customers' bills for the purchase and consumption of
food and beverages acquired as an incident to the purchase of a
service from a serviceman, to the extent that the proceeds of
the service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate directly
in preparing, serving, hosting or cleaning up the food or
beverage function with respect to which the service charge is
imposed.
    (10) Until July 1, 2003, oil field exploration, drilling,
and production equipment, including (i) rigs and parts of rigs,
rotary rigs, cable tool rigs, and workover rigs, (ii) pipe and
tubular goods, including casing and drill strings, (iii) pumps
and pump-jack units, (iv) storage tanks and flow lines, (v) any
individual replacement part for oil field exploration,
drilling, and production equipment, and (vi) machinery and
equipment purchased for lease; but excluding motor vehicles
required to be registered under the Illinois Vehicle Code.
    (11) Proceeds from the sale of photoprocessing machinery
and equipment, including repair and replacement parts, both new
and used, including that manufactured on special order,
certified by the purchaser to be used primarily for
photoprocessing, and including photoprocessing machinery and
equipment purchased for lease.
    (12) Coal and aggregate exploration, mining, off-highway
hauling, processing, maintenance, and reclamation equipment,
including replacement parts and equipment, and including
equipment purchased for lease, but excluding motor vehicles
required to be registered under the Illinois Vehicle Code. The
changes made to this Section by Public Act 97-767 apply on and
after July 1, 2003, but no claim for credit or refund is
allowed on or after August 16, 2013 (the effective date of
Public Act 98-456) for such taxes paid during the period
beginning July 1, 2003 and ending on August 16, 2013 (the
effective date of Public Act 98-456).
    (13) Semen used for artificial insemination of livestock
for direct agricultural production.
    (14) Horses, or interests in horses, registered with and
meeting the requirements of any of the Arabian Horse Club
Registry of America, Appaloosa Horse Club, American Quarter
Horse Association, United States Trotting Association, or
Jockey Club, as appropriate, used for purposes of breeding or
racing for prizes. This item (14) is exempt from the provisions
of Section 3-75, and the exemption provided for under this item
(14) applies for all periods beginning May 30, 1995, but no
claim for credit or refund is allowed on or after the effective
date of this amendatory Act of the 95th General Assembly for
such taxes paid during the period beginning May 30, 2000 and
ending on the effective date of this amendatory Act of the 95th
General Assembly.
    (15) Computers and communications equipment utilized for
any hospital purpose and equipment used in the diagnosis,
analysis, or treatment of hospital patients purchased by a
lessor who leases the equipment, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other non-exempt manner, the lessor shall be liable for the
tax imposed under this Act or the Use Tax Act, as the case may
be, based on the fair market value of the property at the time
the non-qualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that purports
to reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid by
the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that amount
is not refunded to the lessee for any reason, the lessor is
liable to pay that amount to the Department.
    (16) Personal property purchased by a lessor who leases the
property, under a lease of one year or longer executed or in
effect at the time the lessor would otherwise be subject to the
tax imposed by this Act, to a governmental body that has been
issued an active tax exemption identification number by the
Department under Section 1g of the Retailers' Occupation Tax
Act. If the property is leased in a manner that does not
qualify for this exemption or is used in any other non-exempt
manner, the lessor shall be liable for the tax imposed under
this Act or the Use Tax Act, as the case may be, based on the
fair market value of the property at the time the
non-qualifying use occurs. No lessor shall collect or attempt
to collect an amount (however designated) that purports to
reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid by
the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that amount
is not refunded to the lessee for any reason, the lessor is
liable to pay that amount to the Department.
    (17) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is donated for
disaster relief to be used in a State or federally declared
disaster area in Illinois or bordering Illinois by a
manufacturer or retailer that is registered in this State to a
corporation, society, association, foundation, or institution
that has been issued a sales tax exemption identification
number by the Department that assists victims of the disaster
who reside within the declared disaster area.
    (18) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on or
before December 31, 2004, personal property that is used in the
performance of infrastructure repairs in this State, including
but not limited to municipal roads and streets, access roads,
bridges, sidewalks, waste disposal systems, water and sewer
line extensions, water distribution and purification
facilities, storm water drainage and retention facilities, and
sewage treatment facilities, resulting from a State or
federally declared disaster in Illinois or bordering Illinois
when such repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
    (19) Beginning July 1, 1999, game or game birds purchased
at a "game breeding and hunting preserve area" as that term is
used in the Wildlife Code. This paragraph is exempt from the
provisions of Section 3-75.
    (20) A motor vehicle, as that term is defined in Section
1-146 of the Illinois Vehicle Code, that is donated to a
corporation, limited liability company, society, association,
foundation, or institution that is determined by the Department
to be organized and operated exclusively for educational
purposes. For purposes of this exemption, "a corporation,
limited liability company, society, association, foundation,
or institution organized and operated exclusively for
educational purposes" means all tax-supported public schools,
private schools that offer systematic instruction in useful
branches of learning by methods common to public schools and
that compare favorably in their scope and intensity with the
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized and
operated exclusively to provide a course of study of not less
than 6 weeks duration and designed to prepare individuals to
follow a trade or to pursue a manual, technical, mechanical,
industrial, business, or commercial occupation.
    (21) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for the
benefit of a public or private elementary or secondary school,
a group of those schools, or one or more school districts if
the events are sponsored by an entity recognized by the school
district that consists primarily of volunteers and includes
parents and teachers of the school children. This paragraph
does not apply to fundraising events (i) for the benefit of
private home instruction or (ii) for which the fundraising
entity purchases the personal property sold at the events from
another individual or entity that sold the property for the
purpose of resale by the fundraising entity and that profits
from the sale to the fundraising entity. This paragraph is
exempt from the provisions of Section 3-75.
    (22) Beginning January 1, 2000 and through December 31,
2001, new or used automatic vending machines that prepare and
serve hot food and beverages, including coffee, soup, and other
items, and replacement parts for these machines. Beginning
January 1, 2002 and through June 30, 2003, machines and parts
for machines used in commercial, coin-operated amusement and
vending business if a use or occupation tax is paid on the
gross receipts derived from the use of the commercial,
coin-operated amusement and vending machines. This paragraph
is exempt from the provisions of Section 3-75.
    (23) Beginning August 23, 2001 and through June 30, 2016,
food for human consumption that is to be consumed off the
premises where it is sold (other than alcoholic beverages, soft
drinks, and food that has been prepared for immediate
consumption) and prescription and nonprescription medicines,
drugs, medical appliances, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use, when purchased for use by a person receiving medical
assistance under Article V of the Illinois Public Aid Code who
resides in a licensed long-term care facility, as defined in
the Nursing Home Care Act, or in a licensed facility as defined
in the ID/DD Community Care Act, the MC/DD Act, or the
Specialized Mental Health Rehabilitation Act of 2013.
    (24) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, computers and communications
equipment utilized for any hospital purpose and equipment used
in the diagnosis, analysis, or treatment of hospital patients
purchased by a lessor who leases the equipment, under a lease
of one year or longer executed or in effect at the time the
lessor would otherwise be subject to the tax imposed by this
Act, to a hospital that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the equipment is leased in a
manner that does not qualify for this exemption or is used in
any other nonexempt manner, the lessor shall be liable for the
tax imposed under this Act or the Use Tax Act, as the case may
be, based on the fair market value of the property at the time
the nonqualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that purports
to reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid by
the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that amount
is not refunded to the lessee for any reason, the lessor is
liable to pay that amount to the Department. This paragraph is
exempt from the provisions of Section 3-75.
    (25) Beginning on the effective date of this amendatory Act
of the 92nd General Assembly, personal property purchased by a
lessor who leases the property, under a lease of one year or
longer executed or in effect at the time the lessor would
otherwise be subject to the tax imposed by this Act, to a
governmental body that has been issued an active tax exemption
identification number by the Department under Section 1g of the
Retailers' Occupation Tax Act. If the property is leased in a
manner that does not qualify for this exemption or is used in
any other nonexempt manner, the lessor shall be liable for the
tax imposed under this Act or the Use Tax Act, as the case may
be, based on the fair market value of the property at the time
the nonqualifying use occurs. No lessor shall collect or
attempt to collect an amount (however designated) that purports
to reimburse that lessor for the tax imposed by this Act or the
Use Tax Act, as the case may be, if the tax has not been paid by
the lessor. If a lessor improperly collects any such amount
from the lessee, the lessee shall have a legal right to claim a
refund of that amount from the lessor. If, however, that amount
is not refunded to the lessee for any reason, the lessor is
liable to pay that amount to the Department. This paragraph is
exempt from the provisions of Section 3-75.
    (26) Beginning January 1, 2008, tangible personal property
used in the construction or maintenance of a community water
supply, as defined under Section 3.145 of the Environmental
Protection Act, that is operated by a not-for-profit
corporation that holds a valid water supply permit issued under
Title IV of the Environmental Protection Act. This paragraph is
exempt from the provisions of Section 3-75.
    (27) Beginning January 1, 2010, materials, parts,
equipment, components, and furnishings incorporated into or
upon an aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the
aircraft. This exemption includes consumable supplies used in
the modification, refurbishment, completion, replacement,
repair, and maintenance of aircraft, but excludes any
materials, parts, equipment, components, and consumable
supplies used in the modification, replacement, repair, and
maintenance of aircraft engines or power plants, whether such
engines or power plants are installed or uninstalled upon any
such aircraft. "Consumable supplies" include, but are not
limited to, adhesive, tape, sandpaper, general purpose
lubricants, cleaning solution, latex gloves, and protective
films. This exemption applies only to the use of qualifying
tangible personal property transferred incident to the
modification, refurbishment, completion, replacement, repair,
or maintenance of aircraft by persons who (i) hold an Air
Agency Certificate and are empowered to operate an approved
repair station by the Federal Aviation Administration, (ii)
have a Class IV Rating, and (iii) conduct operations in
accordance with Part 145 of the Federal Aviation Regulations.
The exemption does not include aircraft operated by a
commercial air carrier providing scheduled passenger air
service pursuant to authority issued under Part 121 or Part 129
of the Federal Aviation Regulations. The changes made to this
paragraph (27) by Public Act 98-534 are declarative of existing
law.
    (28) Tangible personal property purchased by a
public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall, but
only if the legal title to the municipal convention hall is
transferred to the municipality without any further
consideration by or on behalf of the municipality at the time
of the completion of the municipal convention hall or upon the
retirement or redemption of any bonds or other debt instruments
issued by the public-facilities corporation in connection with
the development of the municipal convention hall. This
exemption includes existing public-facilities corporations as
provided in Section 11-65-25 of the Illinois Municipal Code.
This paragraph is exempt from the provisions of Section 3-75.
(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-431,
eff. 8-16-11; 97-636, eff. 6-1-12; 97-767, eff. 7-9-12; 98-104,
eff. 7-22-13; 98-422, eff. 8-16-13; 98-456, eff. 8-16-13;
98-534, eff. 8-23-13; 98-756, eff. 7-16-14.)
 
    (35 ILCS 110/3-10)  (from Ch. 120, par. 439.33-10)
    Sec. 3-10. Rate of tax. Unless otherwise provided in this
Section, the tax imposed by this Act is at the rate of 6.25% of
the selling price of tangible personal property transferred as
an incident to the sale of service, but, for the purpose of
computing this tax, in no event shall the selling price be less
than the cost price of the property to the serviceman.
    Beginning on July 1, 2000 and through December 31, 2000,
with respect to motor fuel, as defined in Section 1.1 of the
Motor Fuel Tax Law, and gasohol, as defined in Section 3-40 of
the Use Tax Act, the tax is imposed at the rate of 1.25%.
    With respect to gasohol, as defined in the Use Tax Act, the
tax imposed by this Act applies to (i) 70% of the selling price
of property transferred as an incident to the sale of service
on or after January 1, 1990, and before July 1, 2003, (ii) 80%
of the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2018, and (iii) 100% of the selling price
thereafter. If, at any time, however, the tax under this Act on
sales of gasohol, as defined in the Use Tax Act, is imposed at
the rate of 1.25%, then the tax imposed by this Act applies to
100% of the proceeds of sales of gasohol made during that time.
    With respect to majority blended ethanol fuel, as defined
in the Use Tax Act, the tax imposed by this Act does not apply
to the selling price of property transferred as an incident to
the sale of service on or after July 1, 2003 and on or before
December 31, 2018 but applies to 100% of the selling price
thereafter.
    With respect to biodiesel blends, as defined in the Use Tax
Act, with no less than 1% and no more than 10% biodiesel, the
tax imposed by this Act applies to (i) 80% of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2018 and
(ii) 100% of the proceeds of the selling price thereafter. If,
at any time, however, the tax under this Act on sales of
biodiesel blends, as defined in the Use Tax Act, with no less
than 1% and no more than 10% biodiesel is imposed at the rate
of 1.25%, then the tax imposed by this Act applies to 100% of
the proceeds of sales of biodiesel blends with no less than 1%
and no more than 10% biodiesel made during that time.
    With respect to 100% biodiesel, as defined in the Use Tax
Act, and biodiesel blends, as defined in the Use Tax Act, with
more than 10% but no more than 99% biodiesel, the tax imposed
by this Act does not apply to the proceeds of the selling price
of property transferred as an incident to the sale of service
on or after July 1, 2003 and on or before December 31, 2018 but
applies to 100% of the selling price thereafter.
    At the election of any registered serviceman made for each
fiscal year, sales of service in which the aggregate annual
cost price of tangible personal property transferred as an
incident to the sales of service is less than 35%, or 75% in
the case of servicemen transferring prescription drugs or
servicemen engaged in graphic arts production, of the aggregate
annual total gross receipts from all sales of service, the tax
imposed by this Act shall be based on the serviceman's cost
price of the tangible personal property transferred as an
incident to the sale of those services.
    The tax shall be imposed at the rate of 1% on food prepared
for immediate consumption and transferred incident to a sale of
service subject to this Act or the Service Occupation Tax Act
by an entity licensed under the Hospital Licensing Act, the
Nursing Home Care Act, the ID/DD Community Care Act, the MC/DD
Act, the Specialized Mental Health Rehabilitation Act of 2013,
or the Child Care Act of 1969. The tax shall also be imposed at
the rate of 1% on food for human consumption that is to be
consumed off the premises where it is sold (other than
alcoholic beverages, soft drinks, and food that has been
prepared for immediate consumption and is not otherwise
included in this paragraph) and prescription and
nonprescription medicines, drugs, medical appliances,
modifications to a motor vehicle for the purpose of rendering
it usable by a disabled person, and insulin, urine testing
materials, syringes, and needles used by diabetics, for human
use. For the purposes of this Section, until September 1, 2009:
the term "soft drinks" means any complete, finished,
ready-to-use, non-alcoholic drink, whether carbonated or not,
including but not limited to soda water, cola, fruit juice,
vegetable juice, carbonated water, and all other preparations
commonly known as soft drinks of whatever kind or description
that are contained in any closed or sealed bottle, can, carton,
or container, regardless of size; but "soft drinks" does not
include coffee, tea, non-carbonated water, infant formula,
milk or milk products as defined in the Grade A Pasteurized
Milk and Milk Products Act, or drinks containing 50% or more
natural fruit or vegetable juice.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "soft drinks" means non-alcoholic
beverages that contain natural or artificial sweeteners. "Soft
drinks" do not include beverages that contain milk or milk
products, soy, rice or similar milk substitutes, or greater
than 50% of vegetable or fruit juice by volume.
    Until August 1, 2009, and notwithstanding any other
provisions of this Act, "food for human consumption that is to
be consumed off the premises where it is sold" includes all
food sold through a vending machine, except soft drinks and
food products that are dispensed hot from a vending machine,
regardless of the location of the vending machine. Beginning
August 1, 2009, and notwithstanding any other provisions of
this Act, "food for human consumption that is to be consumed
off the premises where it is sold" includes all food sold
through a vending machine, except soft drinks, candy, and food
products that are dispensed hot from a vending machine,
regardless of the location of the vending machine.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "food for human consumption that
is to be consumed off the premises where it is sold" does not
include candy. For purposes of this Section, "candy" means a
preparation of sugar, honey, or other natural or artificial
sweeteners in combination with chocolate, fruits, nuts or other
ingredients or flavorings in the form of bars, drops, or
pieces. "Candy" does not include any preparation that contains
flour or requires refrigeration.
    Notwithstanding any other provisions of this Act,
beginning September 1, 2009, "nonprescription medicines and
drugs" does not include grooming and hygiene products. For
purposes of this Section, "grooming and hygiene products"
includes, but is not limited to, soaps and cleaning solutions,
shampoo, toothpaste, mouthwash, antiperspirants, and sun tan
lotions and screens, unless those products are available by
prescription only, regardless of whether the products meet the
definition of "over-the-counter-drugs". For the purposes of
this paragraph, "over-the-counter-drug" means a drug for human
use that contains a label that identifies the product as a drug
as required by 21 C.F.R. 201.66. The "over-the-counter-drug"